Kundan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2596 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- MAKER District- Saran ====================================================== 1.

KUNDAN GIRI S/o Arun Giri R/o Village- Mahesh Chapra, P.S.- Maker, Distt- Saran at Chapra.

2.

Ajay Ray @ Anjay Ray S/o Mohan Ray R/o Village- Mahesh Chapra, P.S.- Maker, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar, Adv.

Ms.Shilpa Kumari, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP Mr.Abhejeet Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 341, 323, 504, 506, 427, 379, 354, 307/149 and later of section 302 of the IPC was added. Allegedly, all the F.I.R. named accused persons including the petitioners came to the house of the informant and one Arun Giri assaulted the informant by means of farsa. Petitioner no.1 opened fire in the air and threatened to kill and petitioner no.2 snatched the mobile of the informant and his brother. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land

Patna High Court CR. MISC. No.2596 of 2023(2) dt.16-03-2023 2/2 dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation to assault the informant (now deceased) is against the co-accused Arun Giri. Nobody sustained injury by the firing of petitioner no.1. There is case and counter-case between the parties and due to village politics, petitioners have been made accused in this case. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Maker P.S. Case No.65 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.