Chandra Shekhar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68741 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== CHANDRA SHEKHAR GIRI S/o Pundeo Giri R/o Hazari Camp P.S.- Bettiah Town, Kalibag, O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Bettiah (Town) Kalibag O.P. P.S. Case No. 244/2019 registered under Sections 356, 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has not named in the F.I.R., he has been falsely implicated in this case and nothing incriminating was recovered from his possession nor he has been put on T.I.P., however he is in custody since 18.07.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.68741 of 2019(2) dt.04-12-2019 2/3 Considering the facts and circumstances of the case wherein the petitioner is not named in the F.I.R. and during his custody since 18.07.2019 though investigation has been completed and charge-sheet has been filed agaisnt him, no T.I. Parade was conducted to identify the petitioner, as submitted by learned counsel for the petitioner and further that the name of the petitioner has transpired in the confessional statement of the co-accused but nothing has been recovered from his possession, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran, in connection with Bettiah (Town) Kalibag O.P. P.S. Case No. 244/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.68741 of 2019(2) dt.04-12-2019 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T