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Patna High CourtCR. MISC./51317/2018bail granted

Rupesh Kumar @ Bideshiya v. The State Of Bihar

2018-09-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51317 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Rupesh Kumar @ Bideshiya S/o Radheshyam Singh, R/o Vill.- Chhatauna, P.S.- Naokothi, Distt.- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Phulwariya P.S. Case No. 63/2017, instituted for the offences under Sections 399, 402 and 120(B) of the Indian Penal Code read with Sections 25(1-b)a, 26, 27 and 35 of Arms Act.

It is alleged in the written report that on getting information that at Raja Karim Bagicha, Rajeev Yadav and his associates are making plan to commit offence, police party reached there. Seeing the police party, the accused persons started running away but the police apprehended four persons on the spot and firearms have been recovered from their possession. It is alleged against this petitioner that one loaded country made Katta

Patna High Court Cr.Misc. No.51317 of 2018 (2) dt.25-09-2018 2/2 was recovered from his possession.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.05.2017. It is further submitted that other co-accused with similar allegation, namely, Parshuram Mahto @ Parso has already been granted bail vide order dated 28.02.2018 passed in Cr. Misc. No. 6680/2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail 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 Judicial Magistrate 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 63/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T