Chintu Kumar @ Chintu Kharwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23801 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- DHANSOI District- Buxar ====================================================== 1.
Chintu Kumar @ Chintu Kharwar son of Bosil Kharwar @ Wosil Kharwar @ Juthu Kharwar Village- Kandadih Tola Ghusia Ps- Bikramganj DistRohtas 2.
Manju Devi wife of Bosil Kharwar @ Wasil Kharwar @ Juthu Kharwar Village- Kandadih Tola Ghusia Ps- Bikramganj Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Dhansoi P.S. Case No. 09 of 2024, lodged on 20.01.2024 under Sections 394, 457of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against 3-4 unknown accused persons who alleged to have entered into the house of the informant and committed theft. And those unknown accused persons also assaulted the husband and mother in law of the informant and taken 16 articles about which description has been made in the FIR.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.23801 of 2024(2) dt.04-04-2024 2/3 petitioners are innocent and have committed no offence. Counsel also submits that the name of the petitioners has been figured in this case during investigation as the police has found the tower location of the petitioner no.1 from whose possession, one mobile phone was recovered which was subject to theft.
5. Learned counsel for the petitioners submit that the criminal antecedent of the petitioners is clean and they are in custody since 03.02.2024. Counsel also submits that the offence in which the case has been filed is of magisterial triable.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that mobile phone which was subject to theft has been recovered from the possession of petitioner no.1 i.e. Chintu Kumar @ Chintu Kharwar.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, but only six months after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 09 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
Patna High Court CR. MISC. No.23801 of 2024(2) dt.04-04-2024 3/3 (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T