Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39225 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Rupesh Kumar S/o Umesh Prasad Singh Resident of Village- Nayagaon, P.SNayagaon ,District- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Shankar, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025 Heard Mr. Akash Shankar, learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Matihani P.S. Case No. 37/ 2025 dated 01.03.2025 registered for the offence(s) punishable under Section(s) 303(2), 316(2), 316(5), 318(4), 336(3), 61(2) and 238(a) of the BNS.

3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to the removing of a Commander Jeep from Matihani P.S., Begusarai and during the course of investigation the CCTV camera installed in the P.S. was chcked and co-accused, Amit Kumar @ Gonu and Mukund Kumar Singh were found removing the Jeep but it is not the case of the prosecution that the petitioner was present with them

Patna High Court CR. MISC. No.39225 of 2025(3) dt.03-09-2025 2/3 at that time and the alleged Jeep which was removed from the P.S. does not belong to the petitioner and he is not the registered owner of the said vehicle, so, there was no reason for him to remove the Jeep with the help of other co-accused persons. It is lastly submitted that the main accused, namely, Sujit Kumar (S.I.), who was seen in the CCTV footage, has been granted bail by the trial court and the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner and submits that though, there is no direct evidence against the petitioner to show his involvement in the alleged offences but he remained in contact with co-accused, Amit Kumar @ Gonu and Mukund Kumar Singh and there were mobile conversations in between them at the time of alleged occurrence.

5. In the facts and circumstances of this case and considering the submissions advanced by the petitioner's counsel and mainly the petitioner's fair and clean antecedent, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.39225 of 2025(3) dt.03-09-2025 3/3 anticipatory bail in connection with Matihani P.S. Case No. 37/ 2025 on furnishing bail bond of Rs. 20,000/-(Rupess Twently Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T