Rupesh Kumar @ Bideshiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16520 of 2019 Arising Out of PS. Case No.-151 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== Rupesh Kumar @ Bideshiya Son of Radheshyam Singh @ Radhe Singh Resident of Village - Chhatauna, P.S. - Naokothi, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 387, 307, 120(b)/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant along with his friend was proceeding to Khodabandpur by Bolero, in the way, the accused persons including the petitioner intercepted him and questioned him as to why he has not paid the ransom amount. When the driver drove the vehicle fast, firing was also made by accused persons.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to this application.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.16520 of 2019(4) dt.01-08-2019 2/2 The petitioner is in custody since 09-06-2017. Charge sheet has already been submitted. No allegation of assault is alleged against the petitioner. The allegation of assault is against co-accused namely Benkatesh Kumar and Rajeev Kumar. The aforesaid co-accused have been granted bail vide Annexure-3 to the application. A report was called for from the trial court. From perusal of the report, it appears that the case is running at the stage of appearance. Altogether 10 prosecution witnesses are to be examined in the case. The trial is not likely to be concluded in near future. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances as also the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 151 of 2017.

(Sudhir Singh, J) A.K.V.//- U T