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Patna High CourtCR. MISC./53095/2025bail granted

Rupesh Yadav v. The State Of Bihar

2025-08-14Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53095 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- AMARPUR District- Banka ====================================================== Rupesh Yadav S/O Bhawesh Yadav Resident Of Village- Manik Pathada, P.s.- Fullidumar, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amarpur (Fullidumar) P.S. Case No. 205 of 2025 instituted for the offence under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

On 27.02.2025, the informant alleged that eight accused, including petitioner entered into informant's courtyard armed with weapons, assaulted her, looted valuables, and attempted to outrage her modesty. Her parents intervened, leading to a scuffle, after which the accused threatened to kill the family if a case was filed.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.53095 of 2025(2) dt.14-08-2025 2/3 that the petitioner is in custody since 19-05-2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no specific allegation against the petitioner, rather the same is general and omnibus in nature. The only allegation against the petitioner is of order giving. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no allegation of assault against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur (Fullidumar) P.S. Case No. 205 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.53095 of 2025(2) dt.14-08-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T