Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61649 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RUPESH KUMAR Son of Murari Yadav Resident of Village - Chandwara, Pachambha, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Jutendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307, 506 and 34 of the Indian Penal Code, registered in connection with Muffasil P. S. Case No. 178 of 2019.
3. It is submitted that the petitioner has been falsely implicated and the accusation of assault upon the informant is general and omnibus. There is case and counter case between the parties. There is nothing to indicate that grievous injury has been caused to the informant and the opinion has been kept reserved. The petitioner claims clean antecedents.
4. Be that as it may, in the event of petitioner's arrest
Patna High Court CR. MISC. No.61649 of 2019(2) dt.01-10-2019 2/3 or surrender within four weeks hereof, let the above named petitioner be released on provisional 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, Begusarai in in connection with Muffasil P. S.Case No. 178 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned court concerned.
5. The provisional bail granted to the petitioner shall
Patna High Court CR. MISC. No.61649 of 2019(2) dt.01-10-2019 3/3 be confirmed by the learned court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury has been caused to the informant, conversely, his bail bond shall stand automatically cancelled. (Vikash Jain, J) HR/- U T