Rupak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73456 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Rupak Kumar Son Of Dayashankar Paswan Resident Of Village- Rajni, Ward No. 8 ,PS- Murfliganj, Distt- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 341, 379, 506, 323, 34 of the Indian Penal Code and Section 27 of Arms Act and later on Sections 395, 397 and 412 of the IPC were added.
3. Allegation against the petitioner along with other co-accused persons is that they intercepted the informant and one of the co-accused fired upon him and thereafter, they took away his Rs. 57,610/- , a mobile phone and a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. During
Patna High Court CR. MISC. No.73456 of 2023(3) dt.09-01-2024 2/2 investigation, witness supported the fact that this petitioner was also present at the place of occurrence but nothing looted article has been recovered from the conscious possession of this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihariganj P.S. Case No. 164 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, Madhepura.
(Sunil Kumar Panwar, J) Shubham/- U T