Patna High CourtCR. MISC./62578/2023allowed

Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62578 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Rupesh Kumar @ Rupesh Yadav S/O Sunil Yadav R/O Village- Pakrail Mungeria Tola, P.S- Maheshkhunt, Distt.- Khagariya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants are said to have stolen sack of sugar from the pick up van of the informant while it was parked at Kali Mandir Asam. The miscreants also assaulted the informant when the opposed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light during course of investigation on the basis of spy. He was arrested in Maheshkhunt P.S. Case No. 303 of 2022 thereafter

Patna High Court CR. MISC. No.62578 of 2023(3) dt.19-12-2023 2/2 he had been remanded in this case. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Maheshkunt P.S. Case No. 185 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria.

(Sunil Kumar Panwar, J) Amandeep/- U T