Biresh Kumar Giri @ Sikari Giri @ Biresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37869 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -EKMA District- SARAN ====================================================== Biresh Kumar Giri @ Sikari Giri @ Biresh Giri Son of Triloki Giri R/o Village- Mane Matiyan, PS. Ekma, District Saran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-11-2016 Heard Mr. Jha for the petitioner and Mr. Mr. Mishra for the State.

The petitioner seeks bail in Ekma P.S. Case No. 54 of 2016 registered under sections 307 and 302 IPC including section 27 of the Arms Act.

Owing to previous dispute, it is alleged, 17 accused persons, including the petitioner, arrived near the house of the informant. One of the co-accuseds is alleged to have given a knife in the hands of the petitioner and it is alleged that he inflicted a knife blow in the abdomen/chest of Chandan Giri. Further allegation is that a fire was shot by him (petitioner) which hit the nephew of the informant who later died.

Counsel for the petitioner submits that the deceased Anup Giri received penetrating/cut injury which resulted in his

Patna High Court Cr.Misc. No.37869 of 2016 (4) dt.15-11-2016 2/2 death. He read out the post mortem report from the case diary. It is further submitted that there is no injury report with respect to the victim Chandan Giri.

Counsel for the informant has not disputed the said contention of the petitioner.

The petitioner is in custody since 15.03.2016 having no criminal antecedents. It is stated that the charge-sheet has already been submitted.

Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM Saran at Chapra in Ekma P.S.Case No. 54 of 2016 on condition that one of the bailors shall be his close/own family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case he fails to appear on two consecutive dates thereat, the trial court shall have the liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T