Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32704 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== Rupesh Yadav Son of Arbind Yadav Resident of Village - Kabiyahi, Ward No.- 14, P.S.- Shankarpur, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Shankarpur P.S. Case No. 76 of 2022 registered for the offence under Sections 356 and 379 of the Indian Penal Code, 1860. The accused/petitioner is not named in the F.I.R. and is in custody since 03.11.2022.

The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away motor-cycle and mobile belongs to informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.32704 of 2023(2) dt.07-07-2023 2/3 submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused Sanjeet Das, where in furtherance of no incriminating material recovered/surfaced during the course of investigation so as to connect petitioner, prima facie, with present occurrence of robbery, where initially F.I.R. was lodged for theft. It is submitted that said co-accused Sanjeet Das has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 74056 of 2022 vide order dated 17.04.2023. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except confessional statement no incriminating material appears to be recovered from the possession of this petitioner during the course of investigation as to connect him, prima facie, with present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.11.2022,

Patna High Court CR. MISC. No.32704 of 2023(2) dt.07-07-2023 3/3 accordingly, above named petitioner is directed to be released on bail in connection with Shankarpur P.S. Case No. 76 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T