Prayag Giri @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72831 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- KHAIRA District- Saran ====================================================== Prayag Giri @ Baba Son of Upendra Giri R/o Village - Raipura, P.S. - Marhowrah, Dist. - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khaira P.S. Case No. 216 of 2024 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that while the informant along with Mobasar Hussain was returning from Nagra State Bank, four unknown persons on two motorcycles intercepted them and looted a Honda Shine motorcycle, 1,27,000/- in cash, a cheque book, and a mobile phone, and ₹ fled towards Nagra.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.72831 of 2025(2) dt.16-10-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Ajay Kumar. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2025 and has two criminal antecedents. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 08.10.2025 passed in Cr. Misc. No. 48229 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.72831 of 2025(2) dt.16-10-2025 3/3 below/concerned Court in connection with Khaira P.S. Case No. 216 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T