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Patna High CourtCR. MISC./20321/2025bail granted

Kawadi Chiranjeevi @ Kawadi Siranjeevi @ Kawadi Chiranjeev @ Kawadi Siranjeev v. The State Of Bihar

2025-07-10Mr. Justice R. P. Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20321 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== 1.

Kawadi Chiranjeevi @ Kawadi Siranjeevi @ Kawadi Chiranjeev @ Kawadi Siranjeev Son of Kawadi Mahesh Resident of village- East jot PS -Karai District -Jajpur Orissa 2.

Ajay Das son of Bijay Kumar Das @ Bijay Das village- Patrasahi Mundamalla Jajpur Road, Ps-Jajpur, Dist- jajpur (Orissa) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20880 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== 1.

Shankar Rao S/o Ishu Rao R/o Vill.- Panchanandhapa, P.S.- Surada, Distt.- Ganjam (Orissa) 2.

T. Markonda Das @ T. Markanda Das @ T. Markana Das S/o T. Laxman Das R/o Vill.- Kaitha Palli Sahi, P.S.- Surada, Distt.- Ganjam (Orissa) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20321 of 2025) For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP (In CRIMINAL MISCELLANEOUS No. 20880 of 2025) For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Parna

2/4 Darbar P.S. Case No. 236 of 2024 instituted for the offence under Sections 305(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that on 17.10.2024, the informant withdrew Rs. 3 lakhs from SBI Fatehpur, Gaya, and kept the cash in the dicky of his motorcycle parked at his godown. Later, he discovered that the money was missing and, upon checking CCTV footage, saw three unknown persons on a Pulsar motorcycle stealing the cash from the dicky. The accused persons fled the spot after committing the theft. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 28-11-2024. Petitioners bear no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have surfaced in this case during course of investigation. Learned counsel for the petitioner submits that police allegedly recovered Rs. 2,85,000/- from co-accused, namely, T. Markonda Das. Petitioners were not put on T.I. Parade. Petitioners have no concern with the alleged occurrence.

3/4 Police after completion of investigation has submitted charge sheet int his case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is contended that petitioners have confessed their guilt and it is the petitioner, namely, T. Markonda Das from whom there is recovery of Rs. 2,85,000/-.

7.

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

8.

Let the petitioners be released on bail and petitioner, namely, T. Markonda Das @ T. Markanda Das @ T. Markana Das be released on bail, after framing of charge, if not already framed, on furnishing bail and petitioners bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parna Darbar P.S. Case No. 236 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

4/4 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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