Manoj Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59988 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== MANOJ GIRI SON OF LATE RAMPUKAR GIRI RESIDENT OF VILLAGE- BELWA, PS- ADAPUR (HARPUR), DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 353, 504 and 506 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the informant received information that any one has kept Gumati at land of Dr. Z.S. Hussain. It is further alleged that when the informant and other police personnel reached near the Gumati one person come with

Patna High Court CR. MISC. No.59988 of 2023(2) dt.14-09-2023 2/3 abuse language and also started abused us and given threat to kill them. It is further alleged the petitioner was caught by them and brought on primary health center for medical examination and it was confirmed that he had taken wine.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come into light on the basis of false story of the informant. There is dispute between Dr. Z.S. Hussain and this petitioner. The petitioner has implicated in this case without any evidence and on instruction of Dr. Z.S. Hussain whom, there is enmity term with the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 16.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59988 of 2023(2) dt.14-09-2023 3/3 satisfaction of the learned Court below in connection with Adapur P.S. Case No. 177 of 2023.

(Sunil Kumar Panwar, J) arish/- U