Sanjay Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66827 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- BIHTA District- Patna ====================================================== Sanjay Giri, S/o Bindeshwari Giri R/o Village- Mahadeopuri Fulari Sri Rampur, Post and P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing in view of COVID-19.

Let the defect(s), if any, be removed within four weeks. The petitioner is in judicial custody in connection with Bihta P.S. Case No.322 of 2020 instituted under Section 147, 148, 149, 341, 323, 325, 307, 332, 333, 353, 504 and 506 of the Indian Penal Code.

As per the allegation against all accused persons, the driver of the police vehicle was beaten up by them when the police reached at the place of occurrence upon information that some people are extorting money from a tractor driver.

Learned counsel for the petitioner submits that omnibus allegation is against all the accused persons that they have assaulted the driver of the police vehicle and he further submits that the similar situate other accused persons have released by co-ordinate Benches of this Court. He lastly submits that he is in jail since 10.09.2021 (as

Patna High Court CR. MISC. No.66827 of 2021(2) dt.13-05-2022 2/2 stated in para-9 of the bail application).

Considering the fact that he is in jail since 10.09.2021 and charge sheet has been submitted, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No.322 of 2020 to the satisfaction of learned Chief Judicial Magistrate, Danapur, Patna, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T