Rupesh @ Rupes Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38276 of 2021 Arising Out of PS. Case No.-670 Year-2019 Thana- AMARPUR District- Banka ====================================================== Rupesh @ Rupes Yadav S/O Sattan Yadav R/o village- Dhannichak, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Sessions Trial no. 77/2021 (Arising out of Amarpur) P.S. Case No. 670 of 2019 lodged under Sections 364/34 of the I.P.C. As per the prosecution case, the allegation of kidnapping has been filed in the present case which was subsequently converted into Section 302 of the I.P.C. Learned counsel for the petitioner submits that the dispute of the informant and his family is with accused Ravi Kumar and the allegation against the present petitioner is that he is associates of Ravi Kumar. He submits that petitioner is in

Patna High Court CR. MISC. No.38276 of 2021(5) dt.27-09-2022 2/3 custody since 01.08.2020 having clean antecedent. Charge sheet has already been framed in this case. He further submits that the bail of Ravi Kumar was earlier rejected but subsequently, he was granted bail by the Co-ordinate Bench of this Court vide order dated 29.09.2021, passed under Cr. Misc. No. 42996 of 2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sri Kailash Kumar Mahtha F.T.C. 1st, Banka in connection with S.T. no. 77/2021(Arising out of Amarpur) P.S. Case No. 670 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.38276 of 2021(5) dt.27-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T