Kanhaiya Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51209 of 2021 Arising Out of PS. Case No.-947 Year-2020 Thana- MADHAURAH District- Saran ====================================================== KANHAIYA GIRI S/o LATE SUNDAR GIRI R/o VILLAGE-BAHUWARA PATTI, P.S- MADHAURA, DISTRICT-SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. J.N.Thakur, APP .

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhaura P.S. Case No. 947 of 2020 for the offence registered under Sections 448, 341, 323, 324, 307, 504, 379 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner having snatched ornaments and cash amount of Rs. 1200/- from the mother of the informant and when the informant had gone to the house of the accused persons and asked as to why they had abused her mother, the informant was also assaulted by the co-accused person namely Lalbabu Giri and as far as the petitioner is concerned, he is alleged to have snatched a gold chain from the neck of the

Patna High Court CR. MISC. No.51209 of 2021(2) dt.13-01-2022 2/3 informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 31.03.2021. The learned counsel for the petitioner has further submitted that the injury sustained by the informant is attributable to the co-accused person and the petitioner has not been alleged to have engaged in any sort of overt act. It is also submitted that a co-accused person has already been granted bail by this Court vide order dated 10.01.2022 passed in Criminal Misc. No. 42566 of 2021. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not alleged to have engaged in any sort of overt act, is languishing in custody since 31.03.2021 and he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed

Patna High Court CR. MISC. No.51209 of 2021(2) dt.13-01-2022 3/3 to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 947 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T