Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7885 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Rupesh Kumar Son of Harendra Rai @ Harendra Ray R/o vill - Rampur Khajuriya Basman, P.s. - Dumariyaghat, Distt. - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, the informant works in Delhivery Courier Company as delivery boy and on 22.07.2023 at about 9:00 A.M., four persons on two motorcycles overtook him and looted away his motorcycle, bag, cash and mobile.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local villagers, which has got no evidentiary value
Patna High Court CR. MISC. No.7885 of 2024(2) dt.17-02-2024 2/2 in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 26.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihar, East Champaran in connection with Kesaria P.S. Case No. 381 of 2023. (Sunil Kumar Panwar, J) Arish/- U T