Bipin Kharwar @ Bipin Kharwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15567 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- BARUN District- Aurangabad ====================================================== 1.

Bipin Kharwar @ Bipin Kharwa S/O Gyandev Kharwar R/O Village- Gajbor Bigha, P.S- Barun, Distt.- Aurangabad.

2.

Shibu Kharwar S/O Gyandev Kharwar R/O Village- Gajbor Bigha, P.SBarun, Distt.- Aurangabad. 3.

Nishu Kumar S/O Pande Kharwar R/O Village- Barap Mora, Phulwariya Toa, P.S- Nokha, Distt.- Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Barun P.S. Case No. 480 of 2023 instituted for the offence under Sections 379, 411 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that accused persons were caught by the informant while they were trying to break the lock of the motorcycle of the informant.

4.

It has been submitted on behalf of the petitioners that the petitioner are in custody since 04-10-2023. Petitioner are stated to be man of clean antecedent.

Patna High Court CR. MISC. No.15567 of 2024(2) dt.12-03-2024 2/2 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. It is submitted that petitioners were only sitting on the motorcycle and only on the suspicion informant started assaulting them. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, manner of implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barun P.S. Case No. 480 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T