Diwesh Ram @ Dinesh Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54815 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -BAUNSI District- ARRARIA ======================================================

1. Diwesh Ram @ Dinesh Ram, S/o Manohar Ram, Resident of VillageDevasthal Ward No,14, P.S.- Bousi, District- Araria.

2. Ramjee Kumar Rishideo @ Ramjeo Ram Rishideo, S/o Soman Rishideo @ Soman Rishidev, Resident of Village- Gopalpur Ward No.13, P.S.- Bousi, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Bousi P.S. Case No. 42 of 2017 registered under Section 379 of the Indian Penal Code. Motorcycle of the informant is said to have been stolen by some unknown miscreant and the petitioner no.1 Diweh Ram was apprehended with the aforesaid stolen motorcycle while petitioner no.2 Ramjee Kumar Rishideo with another stolen motorcycle.

It is submitted by learned counsel for the petitioners that the petitioners are neither named in the F.I.R. nor any

Patna High Court Cr.Misc. No.54815 of 2017 (2) dt.15-12-2017 2/2 incriminating article has been recovered from their conscious physical possession. As a matter of fact, petitioners had gone to Kumhara Canal to attend call of nature where the aforesaid motorcycles were kept abandoned and in the meantime, police arrived there and apprehended the petitioners and booked them in the case showing the aforesaid recovery. Regarding the aforesaid recovery of the motorcycles, another Bousi P.S. Case No. 43 of 2017 was instituted against them in which the petitioners have been enlarged on bail by a co-ordinate Bench of this Court in Cr. Misc. No. 55772 of 2017 vide order dated 15.12.2017. The petitioners have been languishing in custody since 01.06.2017.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Araria in connection with Bousi P.S. Case No. 42 of 2017.