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Patna High CourtCR. MISC./13975/2024bail granted

Chhotu Karori v. The State Of Bihar

2024-03-01Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13975 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Chhotu Karori son of Mukhlal Karori All are Resident of Village - Karhiya Patti, PS- K. Hat, Dist- Purnia 2.

Rajesh Karori son of Farturi Karori All are Resident of Village - Karhiya Patti, PS- K. Hat, Dist- Purnia 3.

Mukhlal Karori son of Late Bindeshwari Karori All are Resident of Village - Karhiya Patti, PS- K. Hat, Dist- Purnia 4.

Sonu Karori son of Raj Kumar Karori All are Resident of Village - Karhiya Patti, PS- K. Hat, Dist- Purnia 5.

Hirada Karori @ Hirdanand Karori son of Mukhlal Karori All are Resident of Village - Karhiya Patti, PS- K. Hat, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Barhara (Barhara Kothi) P.S. Case No.380 of 2023 registered for the offence under Sections 457 and 380 of the Indian Penal Code.

3.

Allegation against these petitioners is to have stolen gold and silver ornaments and Cash of Rs. 60,000/- from the house of the informant.

Patna High Court CR. MISC. No.13975 of 2024(2) dt.01-03-2024 2/3 4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that several tools, which were alleged to be used for commission of theft from the hut of the petitioner no.5 where, it appears from impugned order that petitioner nos.1 and 2 in their respective confessional statement confessed their guilt regarding involvement in the alleged occurrence as well as involvement of other petitioner, which has no evidence value as no witnesses have supported the commission of the alleged offence. It is further submitted that petitioners are men of clean antecedent and they are in custody since 15.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let all these petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Barhara (Barhara Kothi) P.S. Case No.380 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

Patna High Court CR. MISC. No.13975 of 2024(2) dt.01-03-2024 3/3 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T