Sahbag @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70726 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sahbag @ Rupesh Kumar Son of Ramesh sah Resident of Village- Pachrukha, P.S.- Banjariya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024 registered for the offences punishable under Section 394 of the IPC.

3. As per prosecution case, informant was assaulted by four unknown persons and two mobile phones and motorcycle was taken away by them.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced on the basis of self confessional statement recorded in Banjariya P.S. Case No. 149 of 2024 as mentioned in the impugned order. Petitioner is in custody since 10.07.2024 and bears criminal antecedent of two cases in which he is on bail.

Patna High Court CR. MISC. No.70726 of 2024(2) dt.07-10-2024 2/3 He further submits that no TIP was conducted up till now. No incriminating article has been recovered from possession of the petitioner. Except confessional statement, there is nothing on record to connect the present petitioner with the alleged occurrence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

Patna High Court CR. MISC. No.70726 of 2024(2) dt.07-10-2024 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T