Rooplal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63175 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== ROOPLAL KUMAR, Son of Vishwanath Sah, Resident of mohalla - Bara Bariyarpur, P.S.- Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Chhatauni P.S. Case No. 357 of 2021 registered for the offence punishable under Sections 147, 149, 341, 323, 504 and 302 of the Indian Penal Code.

The informant has alleged that his son was on his way towards Mandir Chawk when seven named accused persons including the petitioner and some unknown persons have surrounded him and assaulted him. Specific allegation of stabbing in the chest is leveled against one Sumant Kumar (co-accused). Learned counsel for the petitioner submits that from the FIR itself is obvious that allegation of inflicting the fatal injury is upon co-accused Sumant Kumar. The petitioner has been implicated

Patna High Court CR. MISC. No.63175 of 2022(2) dt.07-02-2023 2/3 in this case merely on suspicion, due to his proximity with said Sumant Kumar. The petitioner has one antecedent but the same is arising out of a love affair leading to lodging of Chhatauni P.S. Case No. 240 of 2020. The petitioner is on bail in the said case. In this case, he is in custody since 20.08.2022. Moreover, investigation is also complete.

Learned APP for the State has opposed the prayer for bail. He, however, is not in a position to dispute that in the FIR, specific fatal injury has been attributed to co-accused Sumant Kumar. Considering the rival submissions, nature of accusations and period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chhatauni P. S. Case No. 357 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.63175 of 2022(2) dt.07-02-2023 3/3 (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T