Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44873 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Rupesh Kumar @ Rupesh Yadav Son of Sunil Yadav Resident of Village - Hiratol Ward No.- 04, Police Station - Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Adv.
For the Opposite Party/s :
Ms. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Maheshkhunt P.S. Case No. 112 of 2023 lodged on 03.06.2023 under Sections 302, 397, 427/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against unknown accused persons with an allegation that some miscreants fired upon the informant's brother due to which he sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the name of the petitioner has been figured in this case by virtue of confessional statement of the co-accused and
Patna High Court CR. MISC. No.44873 of 2024(3) dt.30-08-2024 2/3 he specifically mentioned that allegation of fire is not against the present petitioner rather on one of the co-accused, namely, Akhilesh @ Akla Yadav. Counsel further submits that other coaccused persons have been granted bail with condition that they will release after framing of charge. Counsel also submits that other co-accused persons have been granted bail by this Court vide orders dated 15.05.2024, 12.07.2024 and 20.02.2024 passed in Cr. Misc. Nos. 26272 of 2024, 42247 of 2024 and 9081 of 2024 respectively.
5. The petitioner is in custody since 11.03.2024 and is accused in 3 more criminal cases, in which he is persuading for bail.
6. Learned A.P.P. for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge, if not framed, as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M IV, Khagaria in
Patna High Court CR. MISC. No.44873 of 2024(3) dt.30-08-2024 3/3 connection with Maheshkhunt P.S. Case No. 112 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
8. Pending cases against the petitioner are as follows:- (i) Sahebpur Kamal P.S. Case No. 200 of 2020 (ii) Sahebpur Kamal P.S. Case No. 236 of 2020 (iii) Baunsi P.S. Case No. 253 of 2021 (Dr. Anshuman, J.) Aman Kumar/- U T