Rajendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62272 of 2021 Arising Out of PS. Case No.-381 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJENDRA GIRI S/o LATE SOVA NAND GIRI R/o VILLAGE-SRI RAMPUR, P.S-BIHTA, DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Samastipur Muffasil P.S. Case no. 381 of2018 instituted for the offence under Sections 120B/34, 408, 409, 420, 465, 466, 468, 470, 471 and 477A of the Indian Penal Code. As per allegation in the FIR, petitioner was Kot Parbhari from 28.01.2017 till inquiry and he was the custodian of Armory and key of double lock of Armory was also with him. As per report, huge number of arms were missing from the store room of Armory at Police Line, Samastipur.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.62272 of 2021(3) dt.12-07-2022 2/3 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. On 28.01.2017 petitioner joined as a Kot-in-charge at Police Line, Samastipur where extra cartridges were being kept. It is further submitted that arms and ammunition sent by Govt. and received by Parchari Parwar and main register is also in custody of Parchari Parwar who is legally obliged to make physical verification of stock and petitioner was on the post of incharge of armory and was not responsible for physical verification. Authority has not given him any opportunity to explain during enquiry. The store room was having lock of double key but the petitioner was not holding any key of the same.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Samastipur Muffasil P.S. Case no. 381 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.62272 of 2021(3) dt.12-07-2022 3/3 amount each to the satisfaction of learned CJM, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U