Patna High CourtCR. MISC./41573/2024bail granted

Rupesh Yadav v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41573 of 2024 Arising Out of PS. Case No.-365 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== Rupesh Yadav Son of Ugen Yadav Resident of Village - Belsara, Police Station - Raniganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Akhter Hussain For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S Case No. 365 of 2019 dated 31.10.2019 registered for the offences punishable u/ss 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant and one Brajesh Yadav riding on a motorcycle and the informant's uncle Sanjeev Yadav riding on another motorcycle were returning to their house, on the way, a white colour Scorpio came between the aforesaid motorcycles and just behind the Scorpio, a red colour motorcycle was driven by unknown person on which co-

Patna High Court CR. MISC. No.41573 of 2024(2) dt.20-07-2024 2/3 accused Manoj Yadav who seated behind, opened fire on Sanjeev Yadav (deceased) twice from their firearms, due to that he succumbed to the injury on the spot. However, the informant carried Sanjeev Yadav to Murliganj hospital, where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Mukesh Sharma. The specific allegation of firing is against the co-accused, Manoj Yadav. The other co-accused person has already been granted bail by this court vide order dated 08.05.2024 passed in Cr. Misc. No. 84040/2023. The petitioner has four criminal antecedents out of which he is acquitted in one case and he is on bail in all the three cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2021.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.41573 of 2024(2) dt.20-07-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Murliganj P.S Case No. 365 of 2019, with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T