IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71852 of 2024 Arising Out of PS. Case No.-174 Year-2019 Thana- JADIA District- Supaul ====================================================== Rupesh Kumar @ Rupesh yadav @ Rupesh Kumar yadav S/o Shri Ugan Yadav @ Ugandan yadav R/o Village- Belsara, PS- Raniganj, District- Araria, Bihar ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Amrit Abhijat, Advocate For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. Petitioner is in custody in a case registered for an offence punishable under Sections 450, 302 and 34 of the Indian Penal Code and Section 27 of Arms Act. 3. As per allegation in the FIR, co-accused persons along with two unknown persons fired on the head of Mamta Devi due to which she died at the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. Petitioner is in custody since 28.03.2022. He further submits that informant is not an eye witness to the alleged Patna High Court CR. MISC. No.71852 of 2024(3) dt.21-02-2025 2/2 occurrence and the post-mortem report of the deceased suggests that only one entry and exit wound found on the body of the deceased from firearm and the daughter of the deceased has not stated the name of the petitioner in the FIR. He further submits that similarly situated co-accused persons, namely, Mukesh Kumar Sharma and Panchanand Kumar Das @ Panchanand Das have already granted bail by this Court passed in Cr. Misc. No. 80653 of 2023 and 77158 of 2023. 5. Learned APP for the State opposes the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the fact petitioner is in custody for more than one year and similarly situated co-accused persons have already granted bail by this Court, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Supaul in connection with Sessions Trial No.511 of 2022, arising out of Jadiya P.S. Case No.174 of 2019. Harshita/- (Ramesh Chand Malviya, J) U T