Rupesh @ Rupesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58592 of 2021 Arising Out of PS. Case No.-309 Year-2021 Thana- JOKIHAT District- Araria ====================================================== 1.

RUPESH @ RUPESH KUMAR YADAV S/o Dinesh Yadav Resident of Village- Chakai, P.S.-Jokihat, District- Araria. 2.

NITESH S/o- DOMAR YADAV Resident of Village- Chakai, P.S.- Jokihat, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Sections 147, 148. 149, 341, 323, 324, 307, 302 and 201 of the Indian Penal Code.

The son of the informant is subjected to brutal assault by the petitioners and their associates and he is said to have been died during course of treatment. Learned counsel appearing for the petitioner submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. He further submits that there general and omnibus

Patna High Court CR. MISC. No.58592 of 2021(3) dt.13-04-2022 2/3 allegation against the petitioners and no specific allegation of assault is attributed to them. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioners. The petitioners are rotting in judicial custody since 28.06.2021 Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jokihat P.S. Case No. 309 of 2021 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.58592 of 2021(3) dt.13-04-2022 3/3 move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U