Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63260 of 2018 Arising Out of PS. Case No.-297 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Rupesh Kumar S/o Krishna Kumar @ Krishna Prasad Yadav, resident of Village- Ranipatti, Ward No. 12, P.S.- Kumarkhand, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Triveniganj P.S. Case No. 297 of 2018 registered for the offence punishable under Section under Sections 413, 414, 120B and 34 of the Indian Penal Code. Informant who is Assistant sub Inspector of police has alleged that when he was on patrolling duty three motorcycle borne miscreants after seeing the police party tried to flee away and after chase two were apprehended and one fled away. Ownership papers of the motorcycle could not be produced and as such they were arrested before the two independent witnesses.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He had only taken lift on the motorcycle and no role has been

Patna High Court Cr.Misc. No.63260 of 2018(2) dt.26-10-2018 2/2 attributed against him by co-accused. Petitioner has got no criminal antecedent and is in custody since 02.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- 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. 297 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U