Ramesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9680 of 2024 Arising Out of PS. Case No.-193 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.
Ramesh Ray S/O- Judagi Ray R/O- Krishi Farm, Mobarakpur, Police Station- Maner, District- Patna 2.
Sunil Kumar S/O- Sachidanand Ray R/O- Mauli Nagar, Maner, P.S.- Maner, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Singh, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Rahika P.S. Case No. 193 of 2022 dated 2209-2022, instituted for the offence punishable under Sections 379, 120B, 420/34 of the Indian Penal Code.
3. As per prosecution case, First Information Report (for brevity 'FIR') has been lodged against the driver and owner of Truck bearing Registration No. BR-01GJ-0927, against whom, there is an allegation that they have stolen the
Patna High Court CR. MISC. No.9680 of 2024(2) dt.22-02-2024 2/3 said truck.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. It is submitted that petitioner nos.1 and 2 are the driver and owner respectively of the said truck and they have not committed any offence. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. It is further submitted that from bare perusal of the FIR, it is apparent that nothing specific has been mentioned against the petitioners, that they have kept any incriminating articles in the said truck. Lastly, it is submitted that petitioners have no criminal antecedents.
5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Rahika P.S. Case No. 193 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM- IV Madhubani or appropriate Court below,
Patna High Court CR. MISC. No.9680 of 2024(2) dt.22-02-2024 3/3 subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T