Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20739 of 2021 Arising Out of PS. Case No.-258 Year-2016 Thana- RAJAON District- Banka ====================================================== Rupesh Kumar Son of Pradeep Mandal @ Pradeep Kumar Resident of Village - Punsia, P.S.- Rajoun, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/448/379/504 of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added.

The petitioner allegedly caused injury with lathi at the head of the informant as a result whereof the informant died. Learned counsel for the petitioner submits that before death of the informant the case was registered under Sections 341/323/448/379/504 of the Indian Penal Code and the petitioner was allowed bail in the case. However, after addition of the offence under Section 302 of the Indian Penal Code

Patna High Court CR. MISC. No.20739 of 2021(2) dt.21-08-2021 2/2 prayer for bail was refused.

Submission is that the petitioner has got no criminal antecedent. There is no allegation of repetition of blow. The petitioner is in custody since 17.06.2020. Investigation of the case is already complete.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajoun P.S. Case No.258 of 2016 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T