Rupesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36764 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Rupesh Singh, Son of Shiv Prasad Singh, Resident of Village- Marachh, P.S.- Chautham, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Chautham P.s.Case nO.91 of 2017 , registered for offences punishable under Sections 420, 406, 409, 120(B), 467, 468 and 471/34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that one Kavita Devi asked the informant to give Rs.3,000/- for processing the loan as she is known to Rupesh Kumar and other persons. They are not bank officials.

Submission of the learned counsel for the petitioner is that except the aforesaid allegation there is nothing against the petitioner and other co-accused persons having similar allegation whose name have also been disclosed by Kavita Devi have been

Patna High Court Cr.Misc. No.36764 of 2018 (3) dt.07-08-2018 2/3 granted privilege of the anticipatory bail by Co-ordinate Bench of this Court, vide order dated 12.12.2017 passed in Cr. Misc. No.54308 of 2017 and order date 24.8.2017 passed in Cr. Misc. no.31865 of 2017 and the case of the petitioner is similar to that of those accused person.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Brajesh Kumar J.M. Ist class, Khagaria in connection with Chautham P.S.Case No.91 of 2017 dated 12.5.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

Patna High Court Cr.Misc. No.36764 of 2018 (3) dt.07-08-2018 3/3 With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T