Rupesh Kumar @ Rupesh @ Manga Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31615 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== RUPESH KUMAR @ RUPESH @ MANGA YADAV SON OF KHOKHA YADAV RESIDENT OF VILLAGE- KARALLA, PS- NATHNAGAR, DISTT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Prakritita Sharma, Advocate Mr. Krishna Chandra, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is in judicial custody in connection with Nathnagar P.S. Case No.207 of 2022 instituted under Section 392 of the Indian Penal Code lodged on 29.03.2022 by the informant Sanjeet Choudhary.
As per the prosecution story, when the informant was moving from Bhagalpur to Nathnagar on an auto, three accused persons came and decamped with his mobile as also Rs.330/- on the point of pistol. Accordingly, the FIR.
Learned counsel for the petitioner submits that he has criminal antecedent and as such in each and every robbery cases, he is made accused by the concerned police. Further,
Patna High Court CR. MISC. No.31615 of 2023(2) dt.21-06-2023 2/3 although he is in custody, no T.I. parade has been done nor anything recovered from his conscious possession. Learned APP opposes the prayer for bail stating that he has criminal antecedent of the same nature. Considering the period of custody (30.04.2022 para16 of the petition) as also the fact that although he is in custody since last one year no TI parade has been done nor anything has been recovered from his possession, this Court is inclined to extend him privilege of bail with strict conditions in view of the fact that he has criminal antecedent.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Nathnagar P.S. Case No.207 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
Patna High Court CR. MISC. No.31615 of 2023(2) dt.21-06-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T