Rupesh Kumar Yadav @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89039 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- SUPPI District- Sitamarhi ====================================================== Rupesh Kumar Yadav @ Rupesh Kumar Son of Harichandra Yadav Resident of Village - Parei Ward No.-15, P.S. - Shikarganj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Suppi P.S. Case No. 110 of 2024 registered for the alleged offences under Section 379 of the Indian Penal Code.

03. As per prosecution case, the motorcycle of the informant was stolen and the name of the petitioner transpired as the accused who committed theft of the motorcycle.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that there is no involvement of the petitioner in theft of the motorcycle and nothing incriminating has been recovered from the person or

Patna High Court CR. MISC. No.89039 of 2024(2) dt.08-01-2025 2/3 possession of the petitioner. The petitioner is in custody since 23.06.2024 and the charge has been framed against the petitioner on 27.09.2024. The petitioner is having antecedent of one case in which he is on bail.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner met with an accident while riding the stolen motorcycle and he was sent to hospital and it was found that the motorcycle was stolen one.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and framing of charge against him, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sitamarhi/court concerned in connection with Suppi P.S. Case No. 110 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.89039 of 2024(2) dt.08-01-2025 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T