Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56059 of 2018 Arising Out of PS.Case No. -277 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Rupesh Yadav Son of Sri Chand Yadav, resident of Village- Tutuaha, P.S.- Triveniganj, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Triveniganj P.S.Case No. 277 of 2016/ G.R. No. 2325 of 2016, registered for offences punishable under Sections 302 and 120B/34 of the Indian Penal Code and 27 of Arms Act. Allegation against the petitioner as per F.I.R. is that the petitioner along with others surrounded the brother of the informant due to old enmity and one of the accused1 fired on the left side of the chest of the brother of the informant, causing death. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated and the similarly situated persons have been granted bail by a Co-ordinate Benches of this Court vide order dated 01.02.2018 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.56059 of 2018 (2) dt.08-10-2018 2/2 4317 of 2018 and vide order dated 18.08.2017, passed in Cr. Misc. No. 34402 of 2017 and the petitioner is in custody since 13.05.2018.

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, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Supaul in connection with Triveniganj P. S. Case No. 277 of 2016, G.R. No. 2325 of 2017, subject to the 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) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T