Ramesh Giri @ Mahanth Kedar Giri @ Mahanth Kedar Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49052 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Ramesh Giri @ Mahanth Kedar Giri @ Mahanth Kedar Puri Son Of Late Rupa Giri R/O-Kodariya, P.S.-PATAHI, Distt.-EAST Champaran. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution, a case has been lodged against 6 named accused persons, against whom the allegation has been made that they knocked at the door of the informant and when the informant opened the door they started assaulting the informant due which the informant and his family members got injured. One specific allegation has been made against one Madan Giri who attacked on the elder brother of the informant. Allegation against one accused person is that he snatched gold chain.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Counsel for the petitioners submits the alleged date of occurrence is 25.10.2022 whereas FIR has been lodged on 27.10.2022. He also

Patna High Court CR. MISC. No.49052 of 2023(2) dt.11-08-2023 2/2 submits that on the same date of occurrence i.e. 25.10.2022 there were two FIR filed, the first FIR was bearing Patahi P.S. Case No.220 of 2022 and the second FIR was bearing Patahi P.S. Case No.221 of 2022. Counsel submits that both the petitioner and informant are family members and adjacent neighbours. Counsel submits that one accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 06.06.2023 in Cr. Misc. No.18367 of 2023.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate (Incharge), East Champaran, Motihari, in connection with Patahi P. S. Case No.220 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U T