Patna High CourtCR. MISC./5790/2024bail granted

Rupesh Kumar @ Kaliya v. The State Of Bihar

2024-02-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5790 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Rupesh Kumar @ Kaliya Son of Dinesh Yadav R/o vill - Balwapar, P.s. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with GRP/Kiul (Nawada) P.S. Case No. 266 of 2023 registered for the offence under Sections 341, 323, 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and others are said to have assaulted the victim and looted Rs. 30,000/- from him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is ready to deposit the alleged looted amount i.e. Rs. 30,000/- in the Court below without admitting his guilt and without prejudice.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 12.10.2023.

Patna High Court CR. MISC. No.5790 of 2024(2) dt.17-02-2024 2/2

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. 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, Lakhisarai in connection with GRP/Kiul (Nawada) P.S. Case No. 266 of 2023, subject to the condition that the petitioner will deposit Rs. 30,000/- in the Court below at the time of furnishing his bail bonds and if such an amount is deposited by the petitioner in the Court below, the same shall be released in favour of the informant of this Case by the Court below.

9. As a condition of this order, the petitioner, after being released on bail is directed to mark his attendance at Warisaliganj Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U T