Lalan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60364 of 2022 Arising Out of PS. Case No.-391 Year-2010 Thana- MAHUA District- Vaishali ====================================================== LALAN GIRI Son of Late Aami Giri Resident of Village - Mirjanagar, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of IPC.

The prosecution case, in short, is that the specific allegation is against co-accused Kapil Paswan is that he threatened the deceased. There is no specific allegation against the petitioner in the FIR.

Learned counsel for the petitioner submits that petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that it appears from the FIR that the present FIR has been instituted against the petitioner only on the basis of suspicion. Further submits that it

Patna High Court CR. MISC. No.60364 of 2022(3) dt.06-12-2022 2/3 appears from the FIR that there is direct allegation against coaccused Kapil Paswan who threatened the deceased and only on the basis of the suspicion the name of the petitioner has been implicated in the present case.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mahua P.S. Case No. 391 of 2010, S.Tr.No.52 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the

Patna High Court CR. MISC. No.60364 of 2022(3) dt.06-12-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T