Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1937 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== 1.

RUPESH KUMAR Son of Bhup Narayan Yadav Resident of Village - Fulbariya, P.S.- Kishanpur, District - Supaul 2.

Akhilesh Kumar Son of Bhup Narayan Yadav Resident of Village - Fulbariya, P.S.- Kishanpur, District - Supaul 3.

Ajit Yadav Son of Lakshmi Yadav Resident of Village - Fulbariya, P.S.- Kishanpur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Kishanpur P.S. Case No. 166 of 2019, disclosing offences punishable under Sections 147, 148, 149, 302 and 120 (B) of the Indian Penal Code.

It appears from the records that two F.I.Rs. were registered on 21.07.2019 and a third F.I.R. was registered on 22.07.2019, in respect of occurrences, which had taken place on 21.07.2019. Kishanpur P.S. Case No. 165 of 2019 was registered on the basis of ferbayan of one Surya Narayan Yadav

Patna High Court CR. MISC. No.1937 of 2020(5) dt.19-06-2020 2/3 stating therein that one Asmit Kumar had come to his residence and had shot dead his daughter. The time of occurrence described as 4.30 P.M. on 21.07.2019. Said Surya Narayan Yadav has been made accused in the present case along with these petitioners with an allegation that they along, with others assaulted said Asmit Kumar with brick stones, fists and kicks leading to his death. The third F.I.R. has been registered being Kishanpur P.S. Case No. 167 of 2019 on 22.07.2019, against the said Asmit Kumar, for the offence punishable under the provisions of Arms Act, by the police.

Learned counsel appearing on behalf of the petitioner has submitted that there is general allegation of assault against the persons named in the F.I.R. including Surya Narayan Yadav, the father of the deceased, who was killed by Asmit Kumar, in respect of which Kishunpur P.S. Case No. 165 of 2019 has been registered.

Considering the general nature of allegation of assault as is evident from the F.I.R., this application is allowed. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur

Patna High Court CR. MISC. No.1937 of 2020(5) dt.19-06-2020 3/3 P.S. Case No. 166 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T