Rupesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37365 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== RUPESH KUMAR YADAV Son of Jay Prakash Yadav Resident of Village - Dumariya, P.S. - Chapra Mofussil, Dist. Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chapra Mofussil P.S. Case No. 97 of 2021 registered for the offence under Sections 399, 402, 413 and 414 of the Indian Penal Code.

The petitioner along with his associates are said to have been trying to commit crime.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.37365 of 2021(2) dt.07-12-2021 2/3 innocent and has falsely been implicated in this case. In fact, only a knife has been recovered from the pocket of the petitioner but no criminal act is committed by him. Although seizure list suggests recovery of motorcycles but the same do not have any concern with the petitioner. The petitioner, who is of no fault, is rotting in judicial custody since 07.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned A.C.J.M.-IX, Saran at Chapra in connection with Chapra Mofussil P.S. Case No. 97 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.37365 of 2021(2) dt.07-12-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T