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Patna High CourtCR. MISC./72539/2023allowed

Ratnesh Giri @ Ratnesh Kumar Giri v. The State Of Bihar

2024-04-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72539 of 2023 Arising Out of PS. Case No.-219 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== Ratnesh Giri @ Ratnesh Kumar Giri S/O Ganesh Giri Village- Rampur Khajuriya, Ps. Dumariya Ghat, Dist. East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Raushan Giri Rajesh Giri Rampur Khajuriya P.S Dumariya Ghat ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anang Mohan Sinha For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506 and 385 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant by means of Farsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the police after investigation submitted final form against the petitioner but the learned court below took

Patna High Court CR. MISC. No.72539 of 2023(4) dt.09-04-2024 2/3 cognizance against him. He submits that the injury found upon the victim is simple in nature. He submits that for the same occurrence, petitioner has filed Dumariya Ghat P.S. Case No. 217 of 2020 against the informant of the present case and cousin of the petitioner filed Dumariya P.S. Case No. 218 of 2020 against the informant. Both cases are filed earlier to present case. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 219 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further condition that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the

Patna High Court CR. MISC. No.72539 of 2023(4) dt.09-04-2024 3/3 prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) devendra/- U T