Laxman Giri @ Lakshman Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55738 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Laxman Giri @ Lakshman Giri Son Of Dharamnath Giri Resident Of Village - Arya Nagar Giri Tola, Kataharibagh, Police Station - Chapra Town, District - Saran (Chapra) 2.

Subhash Giri Son Of Dharamnath Giri Resident Of Village - Arya Nagar Giri Tola, Kataharibagh, Police Station - Chapra Town, District - Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 328, 201/34 of the Indian Penal Code.

As per allegation in the FIR, accused persons came to the house of the informant and on the pretext of some work, thy took away his husband but he did not return. A search was made and during search, she found her husband lying near a temple. She brought him to Hospital where doctor declared him brought dead. The informant

Patna High Court CR. MISC. No.55738 of 2023(2) dt.31-08-2023 2/3 suspects that all FIR named accused persons have killed her husband by administering poison.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. Petitioner was only the member of mob. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 5.7.2023 passed in Cr. Misc. No. 75237 of 2022. Petitioner bears clean antecedent and he is languishing in judicial custody since 13.6.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on

Patna High Court CR. MISC. No.55738 of 2023(2) dt.31-08-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran in connection with Chapra Town P.S. Cae No. 364 of 2022.

(Sunil Kumar Panwar, J) sushma/- U