Patna High CourtCR. MISC./34899/2024bail rejected

Rupesh Yadav v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34899 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Rupesh Yadav S/o Late Jalo Yadav Resident of Village Singhiya, P.S.- Nayaram Nagar (Safiasarai), Dist.- Munger (BIHAR), Pin Code- 811202 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrashekhar Azad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nayaram Nagar (Safiasarai) P.S. Case No. 83 of 2023 dated 04.04.2023 registered for the offences punishable u/ss 387, 302 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have taken the informant's son away and the petitioner Rupesh Yadav fired on the head of the informant's son Suman Kumar due to that he died. It is further alleged that earlier, the accused persons demanded Rs. 1,00,000/- as rangdari and threatened if he would not give the same, they would kill him.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.34899 of 2024(4) dt.18-09-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by this court vide order dated 04.09.2024 passed in Cr. Misc. No. 58770/2024. As per Annexure-2, the petitioner was at Bangalore at the time of incident. The petitioner is accused in 11 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of firing is against the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Nayaram Nagar (Safiasarai) P.S. Case No. 83 of 2023, pending in the court of learned Additional Sessions Judge-II, Munger.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T