Rupa Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34300 of 2024 Arising Out of PS. Case No.-543 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Rupa Kumar son of Mevalal Sahni Resident of Village- Wajitpur Maniyapar, P.S.- Madhuban, Dist.- East Champaran 2.

Sonu Kumar Son of Devendra Sahni Resident of Village- Semra, P.S.- Madhuban, Dist.- East Champaran 3.

Krishna Kumar Son of Raghunath Sahni R/o village- Semra, P.S.- Madhuban, Dist.- East Champaran 4.

Jayshiv Kumar Son of Ramdev Prasad R/o village- Mahauta, P.S.- Madhuban, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Madhuban P.S. Case No. 543 of 2023 registered for an offence punishable under Section 392 of the Indian Penal Code.

3. Allegation against the petitioners along with other co-accused persons is to have taken away cash of Rs. 1,37,656/- along with other documents from the dickey of the motorcycle belonging to the informant on the point of pistol after snatching the key from the informant.

Patna High Court CR. MISC. No.34300 of 2024(2) dt.21-05-2024 2/3

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that the name of the petitioners transpired on the basis of confessional statement of co-accused Alok Kumar. Petitioners are in custody since 18.01.2024 and similarly situated coaccused has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 12064 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail after framing of the chargesheet on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, East Champaran, Motihari/concerned Court in connection with Madhuban P.S. Case No. 543 of 2023, G.R. No. 6680 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall

Patna High Court CR. MISC. No.34300 of 2024(2) dt.21-05-2024 3/3 be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T