Rupa Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27150 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Rupa Kumar S/o Mevalal Sahni R/o Village- Wajitpur Maniyapar P.S. Madhuban Dist.- East Champaran 2.

Sonu Kumar S/o Devendra Sahni R/o Village- Semra, P.S. Madhuban Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Rajepur P.S. Case No. 234 of 2023 instituted for the offence under Section 392of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while informant was on his way, he was accosted with two unknown miscreants, whereafter they snatched Rs. 26,700/- and one mobile phone from the informant.

4.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.27150 of 2024(2) dt.03-04-2024 2/3 that the petitioners are in custody since 15.01.2024. Petitioners bear two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioners have been falsely implicated in the present case. Name of the petitioners have transpired on the basis of confessional statement of co-accused, namely, Ritik Kumar Singh. Nothing has been recovered from the conscious possession of the petitioners. It is lastly submitted that charge sheet has already been submitted in this case. There is no compliance of Section 100 of the Cr.P.C.. Co-accused person has been granted bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15432 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, claim based on parity as well as judicial custody of the petitioners, this Court is inclined to grant bail to the petitioners.

8. Let the petitioners 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 Court

Patna High Court CR. MISC. No.27150 of 2024(2) dt.03-04-2024 3/3 below/concerned Court in connection with Rajepur P.S. Case No. 234 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T