Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29894 of 2024 Arising Out of PS. Case No.-469 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
Manoj Ram S/o-Phulchandra Ram R/o- Village- Sitapaar, Patilar, PSChautrwa, Distt- West Champaran 2.
Manish Ram S/o- Parsan Ram R/o- Village- Jhajhari Jhumka, PS- Inarwa, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Adv.
For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Ramnagar P.S. Case No.469 of 2022 lodged under Section 379 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of theft of motorcycle when the informant went in temple for worship.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in this
Patna High Court CR. MISC. No.29894 of 2024(3) dt.05-07-2024 2/3 case.
5. Counsel for the petitioners submits that petitioners are in custody since 09.02.2023 and by way of supplementary affidavit, it has been intimated that there are three criminal antecedent against the petitioner No.1 in which he is on bail in all the cases and there is two criminal antecedent against the petitioner No.2 in which he is on bail in both cases.
6. Counsel further submits that the offence under which the petitioners have been charged, is magisterial triable in nature. He further submits that nothing incriminating has been found against the petitioners in this case. He also submits that the petitioners' name has figured by virtue of confessional statement and they were not put on T.I.P.
6. Learned counsel for the State opposes the prayer for bail.
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 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 Additional Sessions Judge-I, Bagaha, West Champaran in connection with Ramnagar P.S.
Patna High Court CR. MISC. No.29894 of 2024(3) dt.05-07-2024 3/3 Case No.469 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
8. However, the petitioner No.1 and petitioner No.2 shall be granted bail only on being satisfied by the Trial Court that the petitioners are not absconding in any of the cases pending against them whose details are as follows:- Pending cases of petitioner No.1 i. Ramnagar P.S. Case No.481 of 2022.
ii. Bagaha (Pathkauli) P.S. Case No.680 of 2022. iii. Ramnagar P.S. Case No.512 of 2022.
Pending cases of petitioner No.2.
i. Bagaha (Pathkauli) P.S. Case No.680 of 2022. ii. Ramnagar P.S. Case No.481 of 2022.
(Dr. Anshuman, J.) Prakashmani/- U T