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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19854 of 2016 Arising Out of PS.Case No. -318 Year- 2014 Thana -BANMANKHI District- PURNIA ======================================================

1. Rupesh Kumar Yadav @ Rupesh Kumar Son of Kameshwar Yadav Resident of Village Sripur, Police Station Kumar Khand, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-06-2016 Heard Mr. Singh for the petitioner and Mr. M. Dayal, APP for the State.

In the light of the liberty granted under order dated 25.06.2015 passed in Cr. Misc. No. 16724 of 2015, the petitioner has renewed his prayer for bail in the Court below which was refused and hence the second application for grant of bail. Petitioner is facing prosecution under Section 395 IPC vide Banmankhi P.S. Case No. 318 of 2014 and is languishing in custody since 15.11.2014. The incriminating material against the petitioner is that one mobile said to have been looted in the occurrence was recovered in the house of the petitioner for which some explanation has been offered by him. On perusal of the order of the learned 3rd Additional Sessions Judge, Purnea passed in the present case, it appears the case has not, till date, been committed to the Court of Sessions. The files are still lying with the learned

Patna High Court Cr.Misc. No.19854 of 2016 (3) dt.29-06-2016 2/2 Committing Court.

Considering the facts and circumstances of the case, this Court, while declining the prayer for grant of bail, disposes of the application by the following order:- Let the Court(s) in seisin of the case take steps for committing the case and the charge be framed against the petitioner as quickly as possible preferably within four months from the date of receipt/production of a copy of this order. As soon as charges are framed, the petitioner shall be released 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 Trial Court with the following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U T