Patna High CourtCR. MISC./60015/2024bail granted

Chhotu Khan @ Ashan @ Chhotu v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60015 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- PIRO District- Bhojpur ====================================================== Chhotu Khan @ Ashan @ Chhotu Son Of Mustkim Khan Village- Piro, Ward No. 13, Ps- Piro, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Piro P.S. Case No. 514 of 2023, instituted for the offences punishable under Sections 380 and 454 of the Indian Penal Code.

3. The prosecution case, in short, is that, while the informant went to market, five accused persons, including the petitioner entered into the house of the informant and it is alleged that they have looted gold ornaments from the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.60015 of 2024(3) dt.25-10-2024 2/2 possession of the petitioner. Learned counsel for the petitioner also submitted that informant and petitioner are neighbours. The petitioner has no knowledge about the alleged occurrence and has no concern with the alleged ocurrence. The petitioner is in custody since 10.12.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 10.07.2024 passed in Cr. Misc. No. 48355 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Piro P.S. Case No. 514 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T