Sardar Giri @ Sardar Riri vs The State Of Bihar on 11 May, 2023

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Patna High Court - Orders

Sardar Giri @ Sardar Riri vs The State Of Bihar on 11 May, 2023

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16845 of 2023
                       Arising Out of PS. Case No.-12 Year-2022 Thana- OBRA District- Aurangabad
                 ======================================================
                 SARDAR GIRI @ SARDAR RIRI S/o Sri Vishun Giri Resident of Village-
                 Rampur, P.S.-Obra, District-Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Vivek, Adv.
                                                  Mr. Rang Nath Pandey, Adv.
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   11-05-2023

Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Obra P.S. Case No. 12 of 2022 dated 08.01.2022 registered for the offences punishable under sections 147, 148, 149, 341, 323, 504, 506, 379, 307 of the Indian Penal Code and 27 of Arms Act.

As per the prosecution case, the petitioner and the co- accused persons started abusing the informant and on the exhortation of the co-accused Ashish Kumar Ranjan, they Patna High Court CR. MISC. No.16845 of 2023(2) dt.11-05-2023 2/3 started assaulting the informant with lathi, danda, gadasa with intent to kill and the co-accused person Abhishek Giri took Rs. 60,000/- from his pocket and the co-accused Surajbhan kumar snatched golden chain worth Rs. 48,000/- and the co-accused Ashish Ranjan giri also assaulted with Gadasa causing head injury. It is further alleged that the informant fell down and all the accused persons assaulted him, as a result his leg got fractured.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. There is general and omnibus allegation against the petitioner. The injured sustained simple injury. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 04.01.2023 passed in Cr. Misc. No. 54049 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on Patna High Court CR. MISC. No.16845 of 2023(2) dt.11-05-2023 3/3 furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 12 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-

U      T

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Patna High Court - Orders