Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67120 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Rupesh Kumar @ Rupesh Yadav S/o Parmeshwar Yadav R/o ward no. 10, Hulas, P.S. - Raghopur, Distt. - Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Raghjopur P.S. Case No. 193 of 2024 instituted for the offences under Sections 147, 148, 341, 323, 324, 325, 307, 379, 506 and 354 of the Indian Penal Code.

3. Prosecution case, in short, is that, on the alleged date and time, the accused persons including the petitioner assaulted the informant and his family members. It is further alleged that this petitioner gave farsa blow on the head of the Bali Yadav as a result of which he sustained injuries.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.67120 of 2024(4) dt.09-12-2024 2/3 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that there is land dispute between the parties. It is further submitted that there is case and counter-case between the parties. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.06.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that there is specific allegation of assaulting one Bali Yadav against this petitioner on his head due to which he sustained injuries. It is further submitted that injuries sustained by Bali Yadav is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case, case and counter-case, admitted land dispute between the parties as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.67120 of 2024(4) dt.09-12-2024 3/3 below/concerned Court in connection with Raghjopur P.S. Case No. 193 of 2024, subject to the following conditions: (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) Alok Verma/- U T