Sanjay Giri @ Giri Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33579 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sanjay Giri @ Giri Baba Son of Shri Ramehwar Giri Resident of VillageEnglishiya, Police Station- Chautarwa, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

It has been alleged by the informant, a police officer that during course of inculpatory extra judicial confessional statement, petitioner had disclosed that, the weapon so used during commission of the occurrence and for that a separate case was instituted relating to loot of a tempo, is kept in a wheat field whereupon the prosecution party went to the field and recovered the pistol. After opening the same, it has been found that a fired cartridge of .315 bore was there.

In the Fard-e-beyan, the informant had not disclosed the presence of other accused but from the seizure list, it is evident that apart from petitioner, Sanjay Giri, it contains signature of other co-accused namely, Irshad Alam, Ravindra Yadav and

Patna High Court Cr.Misc. No.33579 of 2016 (2) dt.18-08-2016 Dhananjay Chaudhary and in the aforesaid background, the prosecution story became suspicious.

Petitioner happens to be under custody since 20.02.2015.

In the aforesaid facts and circumstances of the case, petitioner, Sanjay Giri @ Giri Baba is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri S.M. Afzal, Judicial Magistrate-1st Class, Bettiah, Distt-West Champaran in connection with Chanpatia PS Case No. 21/2015. (Aditya Kumar Trivedi, J) perwez U T