Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28191 of 2024 Arising Out of PS. Case No.-481 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, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Ramnagar P.S. case No. 481 of 2022 instituted for the offences under Sections 379, 401, 413/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the motorcycle of the informant was stolen by some unknown persons.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.28191 of 2024(2) dt.19-04-2024 2/3 Petitioners are not named in the F.I.R. The names of the petitioners have transpired in this case on the basis of confessional statement of the co-accused Dilip Kumar. No incriminating/looted article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern the stolen motorcycle. The co-accused person has already been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12009 of 2024. Learned counsel further submitted that T.I.P. has not been conducted till date. Petitioner no.1 is in custody since 09.02.2023 whereas petitioner no.2 is in custody since 08.01.2024. He further submitted that petitioner no. 1 has got three antecedents whereas petitioner no.2 has got two criminal antecedents.

5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.28191 of 2024(2) dt.19-04-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramnagar P.S. case No. 481 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T