Rupesh Rai @ Rupesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37869 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- JIRADEI District- Siwan ====================================================== Rupesh Rai @ Rupesh Kumar Rai, S/o Devkumar Rai, R/o villageShankarpur, P.s.- Asanw, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Zeradei P.S. Case No.97 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

Since 07.11.2019, it is submitted that the petitioner is in custody upon his remand from Ziradei P.S. Case No.103 of 2019. There is no recovery of any incriminating material from the petitioner to even suggest his involvement in the loot. His implication is only on the basis of his antecedents whereas he is on bail in all other cases, except Andar P.S. Case No.156 of 2019.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, this Court is

Patna High Court CR. MISC. No.37869 of 2020(2) dt.05-02-2021 2/2 inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Siwan, in connection with Zeradei P.S. Case No.97 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T