Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2805 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Rupesh Kumar Son Of Late Prakash Yadav Resident Of Village- Ram Chanderpur, Ps- Goradih , Distt- Bhagalpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Punam Devi Wife Of Late Sanjay Kumar Resident Of Village- Fazilpur, Danda Bazar, Ps- Goradih, Distt- Bhagalpur, At Present Residing At VillageBadhari, Ps- Goradih, Distt-Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md. Nurul Hoda For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 19.04.2023 passed by learned Additional Sessions Judge-III-cum-Special Judge SC/ST Act, Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 35 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been

Patna High Court CR. APP (SJ) No.2805 of 2023(6) dt.11-01-2024 2/3 rejected.

The allegation against all the F.I.R named accused persons and some unknown is to commit the murder of the husband of the informant by causing firearm injuries in the background of some previous enmities.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Mithun Kumar, the appellant has been roped in the present case. There is no eye witness to the occurrence. The appellant is in custody since 27.01.2023. A statement has been made in para 3 of the petition that appellant has clean antecedent.

In contra, learned counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer

Patna High Court CR. APP (SJ) No.2805 of 2023(6) dt.11-01-2024 3/3 for bail of the appellant and submitted that the appellant confessed his guilt that he committed murder of the husband of the informant and on his identification, the weapon used in the commission of murder was recovered from the house of the appellant. The F.S.L report also corroborates the involvement of the appellant in the murder of the husband of the informant. Considering the fact that appellant confessed his guilt and the weapon used for commission of murder of the husband of the informant was recovered from the house of the appellant, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for bail of the appellant stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T