Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71078 of 2023 Arising Out of PS. Case No.-837 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rupesh Kumar S/O Shatrughan Chaudhary @ Shatrughan Prasad Chaudhary R/O Village- Islampur Tola, P.S- Dhaka, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 393, 307, of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the allegation against three unknown miscreants is that they boarded on a motorcycle came and dashed to the bike of the informant and snatched away his cash bag and during the occurrence they also fired on one Mukesh Patel.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.71078 of 2023(3) dt.23-01-2024 2/2 of suspicion. Nothing snatched article has been recovered from the conscious possession of the petitioner nor he has any concern with the alleged occurrence. Similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 31759 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 01.06.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Motihari Town P.S. Case No. 837 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari East Champaran.

(Sunil Kumar Panwar, J) Manishkr/- U T