Nagendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12749 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- SACHIVALAYA District- Patna ====================================================== NAGENDRA GIRI S/o Late Anup Giri Resident of New Punaichk, P.S.- Krishnapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard Ms. Nivedita Nirvikar, learned Advocate for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sachivalaya P.S. Case No. 42 of 2020 dated 06.03.2020 instituted for the offences under Sections 385 and 387 of the Indian Penal Code. In the FIR it has been alleged that one Tarun had been collecting money from the street vendors in an unauthorized manner. When aforesaid Tarun was interrogated, he disclosed that he was collecting such money at the instance of the petitioner.

Learned counsel for the petitioner has submitted that the vendors have unauthorizedly put up their stalls in the parking place which has been tendered

Patna High Court CR. MISC. No.12749 of 2021(3) dt.17-12-2021 2/2 in favour of the petitioner.

It has further been submitted that the petitioner has been continuously writing to the authorities for removal of encroachment.

The upshot of the aforesaid argument is that the petitioner is attempted to be brow-beaten by the vendors for not taking any further steps for their eviction from the parking place.

The petitioner does not have criminal antecedents.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Patna in connection with Sachivalaya P.S. Case No. 42 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T