Rishikesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70696 of 2022 Arising Out of PS. Case No.-219 Year-2020 Thana- CHENARI District- Rohtas ====================================================== RISHIKESH GIRI, Son of Vijay Giri, Resident of Village- Tekari, P.S.- Chenari, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chenari P.S. Case No. 219 of 2020 dated 13.11.2020 registered for the offences punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, six miscreants looted mobiles, cash, LED T.V., Hard Disk and other items from the house of the informant.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.70696 of 2022(2) dt.19-04-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Ashok Yadav. No T.I.P. has been conducted by the prosecution. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is also accused in six other criminal cases and he is on bail in one case as stated in para 3 of the bail petition. The petitioner is in custody since 23.08.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Chenari P.S. Case No. 219 of 2020 with the following condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.70696 of 2022(2) dt.19-04-2023 3/3 date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T