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Patna High CourtCR. MISC./45050/2022allowed

Nilendra Giri v. The State Of Bihar

2023-03-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45050 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- BISFI District- Madhubani ====================================================== Nilendra Giri Son Of Saroj Kumar Giri Resident Of Village - Bathua Buzurg, Police Station- Musarigharai, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code. As per the prosecution case, the informant's father who used to run a jewellery shop under the banner of Gauri Shankar Jewellers was present on his shop in the evening of 29.07.2021. All of a sudden, two boys who came on motorcycle entered into the shop, attacked on the informant and his father. By their attack, the father of the informant got injured. The

Patna High Court CR. MISC. No.45050 of 2022(4) dt.13-03-2023 2/3 father of the informant was thereafter taken to the hospital where he was declared dead. The informant raised suspicion against his cousin brother Raju Kumar Thakur in killing of his father.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name transpired on the confessional statement of co-accused Raju Kumar Thakur. The petitioner has still not been put on T.I. parade. Moreover, other similarly situated co-accused persons have been granted bail by a coordinate Bench of this court vide order dated 01.09.2022 passed in Cr. Misc. No. 22756 of 2022 and other analogous cases. The petitioner is languishing in custody since 17.01.2022. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.45050 of 2022(4) dt.13-03-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Benipatti, Madhubani in connection with Bishapi P.S. Case No. 183 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T