Mithlesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71922 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- AAYAR District- Bhojpur ====================================================== 1.

Mithlesh Giri Son Of Mohan Giri Resident Of Village- Ashudhan Mathiya /Asdhan Mathiya, Po- Barnaon, Ps- Aayar, Distt- Bhojpur 2.

Sankit Giri Son Of Mithlesh Giri Resident Of Village- Ashudhan Mathiya /Asdhan Mathiya, Po- Barnaon, Ps- Aayar, Distt- Bhojpur 3.

Shoshit Giri @ Shashit Giri Son Of Mithlesh Giri Resident Of VillageAshudhan Mathiya /Asdhan Mathiya, Po- Barnaon, Ps- Aayar, DisttBhojpur 4.

Rajan Giri Son Of Lal Babu Giri Resident Of Village- Ashudhan Mathiya /Asdhan Mathiya, Po- Barnaon, Ps- Aayar, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Giri For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 323, 341, 307, 379/34 and 504 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant and his family members, due to which they sustained injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.71922 of 2023(2) dt.07-11-2023 2/2 old dispute. They have committed no offence. He submitted that both the parties are agnates. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. From the perusal of the injury reports, it appears that the injuries are simple in nature. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 09.08.2023.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Aayar P.S. Case No. 81 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T