Radhe Shyam Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80582 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- ITARHI District- Buxar ====================================================== 1.

RADHE SHYAM GIRI Son of Late Jag Narayan Giri @ Jay Narayan Giri Resident of Village- Bhikhampur, P.S.- Itarhi, District- Buxar. 2.

Shivadani Giri Son of Late Jag Narayan Giri @ Jay Narayan Giri Resident of Village- Bhikhampur, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Itarhi P.S. Case No. 187 of 2019, registered under Sections 147, 148, 149 & 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that in the morning of 19.07.2019, Satendra Singh @ Dhurdu Singh, son of informant Vijay Narayan Singh was returning to house from tempo stand, in the way, Shivadari Giri (Petitioner No.2), Radhyshyam Giri (petitioner no.1), Jai Prakash Singh and Vanarsi Singh surrounded him having firearm in their hands.

Patna High Court CR. MISC. No.80582 of 2019(2) dt.09-12-2019 2/2 At that time, Kunjan Giri and Prince Giri, both sons of Shivdani Giri reached there on motorcycle having pistol in their hands. On the order of Shivdani Giri (Petitioner No.2), Kunjan Giri and Prince Giri fired at the head of Satendra Singh, son of the informant, who fell down and died on the spot.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that specific allegation is against Kunjan Giri and Prince Giri to shot fire to the deceased, son of the informant, but petitioners being the family members of Kunjan Giri and Prince Giri, have falsely been implicated in this case. The petitioners are in custody since 09.09.2019. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-VI, Buxar in connection with Itarhi P.S. Case No. 187 of 2019. (Rajendra Kumar Mishra, J) manish/- U T