Anil Kumar Giri @ Anil Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34805 of 2015 Arising Out of PS.Case No. -95 Year- 2009 Thana -DIGHWARA District- SARAN ======================================================
1. Anil Kumar Giri @ Anil Giri S/o Dudhnath Giri Resident of Village Chobara, P.S. Dariyapur, District Saran (Chapra). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Anuj For the Opposite Party/s : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120B of the Indian Penal Code.
The prosecution case is that Awadhesh Giri, Dilip Giri, Jai Prakash Giri @ Supan Giri and Bachha Lal Giri got down from the Bolero vehicle when Awadhesh Giri opened fire on the brother of the informant and when Ashok Rai tried to rescue then co-accused Jai Prakash Giri @ Supan Giri caused fire arm injury to the Ashok Giri. The brother of the informant subsequently succumbed to the injuries. It is alleged that co-accused Bindu Lal Giri and this petitioner assisted the assailants to escape from the scene through the Bolero vehicle. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.34805 of 2015 (2) dt.18-08-2015 2/2 petitioner that as per the accusation levelled, the petitioner was not the assailant.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Dighwara P.S. Case No. 95 of 2009, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra. Accordingly the application is disposed of.
(Dinesh Kumar Singh, J) Shageer/- U T