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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77943 of 2025 Arising Out of PS. Case No.-205 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Pintu Giri @ Pintu Kumar Giri Son of Deeplal Giri @ Diplal Giri Resident of village - Naya tola bangari, Ps- Piprakothi, Dist- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody since 03.07.2025 in a case registered for an offence punishable under Sections 309(6) of the BNS.

3. As per the prosecution case, the informant gave his written statement before Officer In-charge of Kalyanpur Police Station that on 04.07.2024 when his nephew Ritesh Kumar Sharma was on his way to office as soon as he reached at Semra Bazaar over bridge, in the meantime, three miscreants riding on motorcycle overtook him and snatched his motorcycle and mobile phone on the point of knife and fled away from the place of occurrence.

Patna High Court CR. MISC. No.77943 of 2025(3) dt.10-12-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not named in the FIR, infact, name of the petitioner has been surfaced on the basis of confessional statement of the co-accused. He next submits that no incriminating article has been recovered from the conscious possession of the petitioner. He next submits that investigation has already been concluded and chargesheet has been submitted but no TIP has been conducted during the investigation. Petitioner is in custody since 03.07.2025. It is next submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 25611 of 2025.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid fact that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 25611 of 2025. and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact petitioner is not named in the FIR, infact, name of the petitioner has been surfaced on the basis of confessional statement of the co-

Patna High Court CR. MISC. No.77943 of 2025(3) dt.10-12-2025 3/3 accused and also the fact that no incriminating article has been recovered from the conscious possession of the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 205 of 2024 with a condition that the petitioner shall physically present before trial Court on each and every date fixed by the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Mayank/- U T