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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58761 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Rupesh Singh @ Rupesh Kumar Singh S/O Satyanarayan Singh R/o villageRahua, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Raj For the Opposite Party/s :

Mr.Nand Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Sahebpur Kamal P.S. Case No. 95 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. Later on, section 302 IPC and section 25(1-b)a, 26 and 35 of the Arms Act were added. As per the prosecution case, this petitioner along with other co-accused assaulted the son of informant by means of brick, iron rod, stick, as a result of which he became severely injured and died during course of treatment.

It is submitted that petitioner has been falsely implicated merely on suspicion. There is general and omnibus allegation of assault and no specific overt act has been alleged

Patna High Court CR. MISC. No.58761 of 2021(2) dt.30-06-2022 2/2 against this petitioner. Specific allegation of overt act is against co-accused. Petitioner is only alleged to be member of the mob. Similarly situated co-accused has been granted bail by this Court vide order dated 21.06.2022 passed in Cr. Misc. No. 49178 of 2021. Petitioner claims clean antecedents. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 95 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T