Patna High CourtCR. MISC./363/2020bail granted

Sri Kharwar v. The State Of Bihar

2020-01-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.363 of 2020 Arising Out of PS. Case No.-393 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== SRI KHARWAR, Male, aged about 42 years, S/o Pashul Kharwal @ Pahsul Kharwar R/o village- Bihiya near Mahathin Daee, P.S.- Bihia, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Av.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

Informant has alleged that while he was sleeping some miscreants entered his house and after stealing the household articles, jewelries were fleeing away informant woke up and raised alarm and he was apprehended by villagers, however two managed to escape.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. Nothing was recovered from his possession. Petitioner has no criminal

Patna High Court CR. MISC. No.363 of 2020(2) dt.20-01-2020 2/2 antecedent and was arrested on basis of suspicion only. Petitioner is in custody since 09.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 393 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T