Rupesh Mishra @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59799 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- KOTWALI District- Munger ====================================================== Rupesh Mishra @ Rupesh Kumar Son of Pawan Mishra Resident of Village - Basgarha, P.S. - Basudeopur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Kotwali (Basudeopur OP) P.S. Case No. 614 of 2023, registered for the offences punishable under Section 302/34 of IPC and Section 27 of the Arms Act.

3. Allegedly, in course of returning from I.T.C. Munger, in the way, the father-in-law of the informant was shot dead by some unknown criminal.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.59799 of 2024(3) dt.28-10-2024 2/3 that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is not named in the FIR rather the same has been lodged against unknown person. The name of the petitioner has come into light on the basis of confessional statement of co-accused. He submitted that there is no eye witness to the occurrence. The informant is daughter-in-law of the deceased and she stated in her fardbeyan that she received information about the occurrence from a girl but that girl has not been examined during investigation. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 24.09.2024 passed in Cr. Misc. No. 40249 of 2024. Petitioner is a person of clean antecedent and he is in custody since 06.01.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, 2nd Munger in connection with Kotwali (Basudeopur OP)

Patna High Court CR. MISC. No.59799 of 2024(3) dt.28-10-2024 3/3 P.S. Case No. 614 of 2023, subject to the following condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T