Rupesh Rai @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56774 of 2023 Arising Out of PS. Case No.-523 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Rupesh Rai @ Rupesh Kumar Son Of Surendra Ray Resident Of Village Madhopur Hazari P.S Sahebganj District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Ms. Meena Singh Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-08-2023 Heard Ld. counsel for the petitioner and the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Sahebganj P.S. Case No. 523 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case as emerging from the FIR is that three accused persons on one motorcycle robbed the motorcycle, mobile and bag of the informant on the point of pistol.

4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against

Patna High Court CR. MISC. No.56774 of 2023(2) dt.30-08-2023 2/3 unknown. He also submits that no recovery has been made from the petitioner and no TIP has yet been conducted till date.

5. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.

8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M., Muzaffarpur West, in connection with Sahebganj P.S. Case No. 523 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.56774 of 2023(2) dt.30-08-2023 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner.

9. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) ashishkr/- U T