Patna High CourtCR. MISC./84475/2023bail granted

Ramswaroop Prajapati @ Ram Swaroop Prajapat v. The State Of Bihar

2024-01-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84475 of 2023 Arising Out of PS. Case No.-949 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Ramswaroop Prajapati @ Ram Swaroop Prajapat, S/O Late Bali Prajapati, R/O Village- Mahmoodpur, P.S- Sherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sherghati (Dobhi) P.S. Case No.949/2023 lodged on 2.09.2023 under Section 379/414 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the petitioner on recovery of stolen Saria/iron rod loaded over a tempo that belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that it is true that the petitioner is the owner and driver of the said vehicle, but the recovered articles do not belong to him. In fact, one unknown passenger offered a higher price for transporting the said articles from the said place to another

Patna High Court CR. MISC. No.84475 of 2023(2) dt.10-01-2024 2/2 place, and in lieu of higher money, the petitioner became ready and subsequently when he was caught by the police then he became aware that the said articles are subject to theft. The petitioner is in custody since 03.09.2023 having no criminal antecedent.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of ACJM-1, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. Case No.949/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T