Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42858 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== RUPESH KUMAR SON OF BRAHMDEO MAHATO RESIDENT OF VILLAGE -PIRNAGAR, P.S -CHHAURAHI O.P., DISTRICT -BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bakhri P.S. Case No. 36 of 2023 dated 17.2.2023 registered for the offence punishable u/s 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the co-accused persons are alleged to have committed murder of the daughter of the

Patna High Court CR. MISC. No.42858 of 2023(2) dt.21-07-2023 2/3 informant under conspiracy.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The marriage between the deceased and Prashant Kumar took place in the year 2007 and the petitioner is not relative to the deceased or his family members. The petitioner is not named in the FIR rather his name has sprung up in the confessional statement of coaccused Saheb Chaudhary. The petitioner is accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.2.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bakhri P.S. Case No. 36 of 2023.

Patna High Court CR. MISC. No.42858 of 2023(2) dt.21-07-2023 3/3 The application stands allowed.

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