Nagendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40578 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- AAYAR District- Bhojpur ====================================================== NAGENDRA GIRI S/O. SUBHASH GIRI Resident Of Village - Lalganj ,P. S. - Ayar ,District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Shankar Modi Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 07.09.2020 in connection with Ayer P.S. Case No. 81/2020 registered for the offences punishable under Sections 147/148/341/323/307/379/ 427/354/504/506 of the Indian Penal Code.

As per the prosecution case, on 13.08.2020, while daughter (Khushi Kumari), granddaughter and daughter-in-law of the informant were passing near the house of Vikram Giri, all the FIR named accused persons including this petitioner, started abusing them and co-accused Virkrama Giri inflicted knife blow on the person of the daughter of the informant as a result of which she sustained injury and fell down and, thereafter, it is

Patna High Court CR. MISC. No.40578 of 2020(2) dt.19-02-2021 2/3 further alleged that all the family members started pelting stones and also assaulted the pregnant granddaughter of the informant with Lathi, Danda and bricks resulting into miscarriage. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case due to land dispute between the parties. It is further submitted that there is general and omnibus allegation against this petitioner and the specific allegation of inflicting knife blow is against co-accused Vikrama Giri. Chargesheet has already been submitted in this case. Petitioner is in custody since 07.09.2020 and bears no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned CJM, Bhojpur at Ara, in connection with Ayar P.S. Case No. 81/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates

Patna High Court CR. MISC. No.40578 of 2020(2) dt.19-02-2021 3/3 without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T