Rupak Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60145 of 2022 Arising Out of PS. Case No.-17 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Rupak Kumar Singh, S/o Raj Mohan Singh R/o Village- Rajwara, P.S.- Tajpur, Distt- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-11-2022 Heard counsel for the petitioner and the State. The petitioner is in judicial custody in connection with Tajpur P.S. Case No. 17 of 2020 registered under Sections 187, 353, 409/34 of the Indian Penal Code.
The allegation against the petitioner amongst others is of misappropriation of fund in selling and purchasing of paddy crops. Earlier the petitioner has moved in Cr. Misc. No.59126 of 2021 which was rejected on 18.04.2022.
As per the petition, the petitioner is in custody since 23.07.2021 and it has been averred in the bail application that he being the only earning member in the family, his long incarceration is affecting his entire family members.
In view of the fact that the charge sheet already stands submitted and the petitioner is in custody since 23.07.2021, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail
Patna High Court CR. MISC. No.60145 of 2022(2) dt.16-11-2022 2/2 bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each in connection with Tajpur P.S. Case No.17 of 2020 to the satisfaction of learned A.C.J.M., Ist, Samastipur, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T