Radhe Shyam Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85255 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- INARWA District- West Champaran ====================================================== RADHE SHYAM GIRI S/o Amar Giri R/o Village- Pidari, P.S.- Inarwa, 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. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 353, 307, 332, 333, 337, 186, 188, 109, 431, 427, 386, 504 & 605 of the Indian Penal Code. While the informant along with other police personnel was checking the vehicle 36 named and 400-450 unknown accused persons obstructed the police personnel from checking the vehicle, surrounded and attacked on them hurling abusive language. They also pelted stone, lathi and danda etc. and tried to set ablaze the police jeep. After reaching the extra police force they fled away.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.85255 of 2019(2) dt.14-02-2020 2/2 petitioner that no such occurrence as alleged ever took place. Petitioner is not named in the F.I.R. He has been falsely implicated in this case during course of investigation by saying that he was among 400 to 450 persons. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The F.I.R. named accused, namely, Avinash Kumar @ Guddu has been enlarged on bail by a co-ordinate bench of this Court vide order dated 27.08.2019 passed in Cr. Misc. No. 53808 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, West Champaran at Bettiah in connection with Inarwa P.S. Case No. 24 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T