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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46680 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- RUPAULI District- Purnia ====================================================== RUPESH YADAV @ RUPESH KUMAR @ RUPESH KUMAR YADAV (M), aged about 32 years, S/O SHYAMLAL YADAV @ SAMLI YADAV R/O VILLAGE- TOPRA, PS. RUPAULI, DIST. PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Rupauli (Mohanpur) P.S. Case No. 93 of 2023 dated 04.04.2023 registered for the offence(s) punishable under Section(s) 341, 342, 323, 386, 364-A, 506, 427/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and he belongs to Purnea District while the alleged occurrence of abduction took place in Bhagalpur District, during investigation he was arrested and as per prosecution, he made confessional statement before the police but the said statement showing his involvement in the alleged crime is completely false, if the said statement is believed even then no

Patna High Court CR. MISC. No.46680 of 2023(2) dt.28-07-2023 2/2 serious allegation appears against him as according to the said statement, petitioner's duty was only to keep an vigil eye on the action of the police and moreover the victims have been recovered and they did not whisper anything against the petitioner. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 05.04.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the facts and circumstances of this case as well as above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Rupauli (Mohanpur) P.S. Case No. 93 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T