Ram Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27751 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== Ram Prakash Ram Son of Rajeshwar Ram Resident of Village- Amruha, P.S.- Tarari, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Karakat P.S. Case No.254 of 2019 registered under sections 379, 406, 420 and 34 of the Indian Penal Code.

As per allegation in the FIR, the tractor of the informant was taken away by the driver Sunil Ram as well as the co-driver, the petitioner herein. It is stated that on way they were met by one Sanjay Singh who claimed to be the financier of the tractor and who stated that there was an outstanding loan of Rs. 1.4 lacs on the tractor and they asked driver and the codriver to accompany him to the office. It is stated by the informant that he is convinced that his tractor has been stolen by

Patna High Court CR. MISC. No.27751 of 2020(2) dt.20-10-2020 2/2 the three accused persons.

It is submitted by learned counsel for the petitioner that he is not the driver of the vehicle but is merely a co-driver. It is further submitted that the case of the petitioner stands on a better footing than that of the driver of the vehicle Sunil Ram who has been enlarged on bail vide order dated 29.2.2020 passed in Cr. Misc. No.12103 of 2020. The petitioner has no criminal antecedent and is in custody since 28.9.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the grant of bail to two co-accused as also the petitioner being in custody since 28.9.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed be enlarged on bail in connection with Karakat P.S. Case No.254 of 2019 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas at Sasaram.

(Partha Sarthy, J) Bibhash/- U T