Rupesh Kumar @ Rubesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40777 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Rupesh Kumar @ Rubesh Kumar S/o Surendra Kumar R/o villageMansarpur Lagayan P.S.- Amarpur, District-Banka .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. S.M. Shabbir Alam, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Amarpur P.S.Case No. 105 of 2015 registered under Sections 364, 302 and 379/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that except suspicion there is nothing against the petitioner and he is in custody for about six months. Further submission advanced on behalf of the petitioner is that earlier UD case has been filed by the informant and at that time no suspicion has been raised against the petitioner but later on the present case has been filed showing suspicion against him.
Heard learned APP also.
Having heard both sides and considering the fact that
Patna High Court Cr.Misc. No.40777 of 2016 (5) dt.28-01-2017 2/2 except suspicion there is nothing against the petitioner and earlier in UD case nothing suspicion has been raised against the petitioner, let the petitioner, Rupesh Kumar @ Rubesh Kumar, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S.Case No. 105 of 2015, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioner will co-operate in the trial and make himself available in court on each and every date fixed and in the event of failure on his part to appear before the court on two consecutive dates, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) spal/- U