Om Prakash Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.954 of 2021 Arising Out of PS. Case No.-469 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== OM PRAKASH GIRI Son of Jagarnath Giri, Resident of Village- Kateshar Tola Mohanpur, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case in brief is that the informant was going to Motihari from Gopalganj to pick-up the ailing mother of his friend from K.M., Motihari by a white color Scorpio. When he reached near Doma Chowk, Motihari he stopped his Scorpio and called his friend to know the location of K.M. Hospital, Motihari, some unknown criminals came there and assaulted him and took away his Scorpio.

Patna High Court CR. MISC. No.954 of 2021(2) dt.02-03-2021 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and has been made accused on the basis of confessional statement of co-accused Vikash Raj @ Manish. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 18.12.2019. The petitioner has got 06 criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chhatauni P.S. Case No. 469/2019 to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari.

(Anjani Kumar Sharan, J) amitkumar/- U T