Rohit Kharwar @ Nanhaka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32207 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- KARPI District- Jehanabad ====================================================== 1.

ROHIT KHARWAR @ NANHAKA Son of Dhananjay Kharwar Resident of Village- Gajborbigha, P.S.- Barun, District- Aurangabad. 2.

Jathu Kharwar Son of Dhananjay Kharwar Resident of VillageGajborbigha, P.S.- Barun, District- Aurangabad. 3.

Gulsan Kharwar @ Gulshan Kharwar Son of Akshay Kharwar Resident of Village- Gajborbigha, P.S.- Barun, District- Aurangabad. 4.

Rajdeo Kharwar Son of Dilchand Kharwar Resident of VillageGajborbigha, P.S.- Barun, District- Aurangabad. 5.

Dabua Gulguliya Son of Vijay Gulguliya Resident of Village- Rampur, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Karpi Police Station Case No. 13 of 2020, registered for the offences punishable under Sections 457/380 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that some unknown thieves committed theft in the house of the informant and took away chains, ear-rings, rings,

Patna High Court CR. MISC. No.32207 of 2021(4) dt.07-03-2022 2/3 anklets, cloths, utensils etc.

Learned Counsel for the petitioners submits that the petitioners are not named in the First Information Report and they have falsely been implicated in this case on the basis of their confessional statements recorded by the police after their arrest. He further submits that no incriminating material and/or stolen articles has been recovered from the possession of the petitioners and except their confessional statements, no other material is there against them. He further submits that the petitioner were earlier made accused in Karpi Police Station Case No. 96 of 2020 and thereafter they have been made accused and remanded in four other criminal cases. He further submits that the petitioners are in custody since 19.08.2020 and charge sheet has been submitted against them and as such, there is no likelihood of the petitioners being abscond or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that nothing has been recovered from the possession of the petitioners, they have been made accused on the basis of their confessional statements, the petitioners are in custody since 19.08.2020 and charge sheet has

Patna High Court CR. MISC. No.32207 of 2021(4) dt.07-03-2022 3/3 already been submitted, I am inclined to grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Arwal, in connection with Karpi Police Station Case No. 13 of 2020, subject to the conditions that the petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √