Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17636 of 2018 Arising Out of PS.Case No. -217 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Rupesh Kumar, son of Dewendra Ray @ Dewendra Rai, resident of Village- Gaura, Ward No. 2, Near Shiv Mandir, Vodafone Tower, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Teghra P.S. Case No.217 of 2015 instituted for the offence under Section(s) 302/34,120-B Indian Penal Code.

It has been submitted on behalf of the petitioner that there is no allegation of firing or any specific overt act against this petitioner.

In the written report, there is specific allegation of making firing against Amit Kumar @ Manu Kumar and Balram Kumar. It is alleged that on account of firing made by Balram Kumar, Manohar succumbed to the injuries.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.17636 of 2018 (2) dt.04-04-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Teghra P.S. Case No.217 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T