Giro Bind @ Girbar Bind @ Giribar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56207 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- ASARGANJ District- Munger ====================================================== Giro Bind @ Girbar Bind @ Giribar Bind S/o Late Dhodhay Bind R/o Village- Purushottampur, Chourgaon, P.S.- Asarganj, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Patel, Advocate Mr. Divit Vinod, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2025 Heard Mr. Shivendra Kumar Sinha, learned counsel for the petitioner and Mr. Shailendra Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 13.03.2025 in connection with Asarganj P.S. Case No. 145 of 2024, F.I.R. dated 23.10.2024 for the offences punishable under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. According to prosecution case, all the F.I.R named accused persons killed the wife of the informant by means of kinfe.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. Although the petitioner is named in the F.I.R but from perusal of the F.I.R it

Patna High Court CR. MISC. No.56207 of 2025(2) dt.11-08-2025 2/3 appears that there is no specific allegation of assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Jaimanti Devi has been granted anticipatory bail by this Court vide order dated 07.07.2025 passed in Cr. Misc. No. 21781 of 2025. The petitioner is in custody since 13.03.2025.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and he has participated in the present crime in question and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances there is no specific allegation of assault or overt act against the petitioner and the similarly situated co-accused person has been granted anticipatory bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.56207 of 2025(2) dt.11-08-2025 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Munger in connection with Asarganj P.S. Case No. 145 of 2024, subject to the following conditions:- i. 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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) Vanisha/- U T