Allowed¶06

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

Patna HC8 Jan 2025CR. MISC./89039/2024

Case brief

AI extract

What is this about?

Bail granted; theft of motorcycle; Section 379 IPC; Section 437(3) Cr.P.C.; Suppi P.S. Case No. 110 of 2024; Sitamarhi; East Champaran; custody since 23.06.2024; charge framed 27.09.2024; bail bond Rs. 10,000 with two sureties; Judicial Magistrate-1st Class; conditions - close relative bailor, presence on every date, cancellation on three consecutive absences; Patna High Court; Arun Kumar Jha, J.; order dated 08-01-2025.

What did the court decide?

Petitioner 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 Section 437(3) Cr.P.C. conditions and conditions (i)-(iii). ¶06

Rupesh Kumar Yadav @ Rupesh Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on bail in connection with Suppi P.S. Case No. 110 of 2024 registered for alleged offences under Section 379 IPC (theft of motorcycle).

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Court's answer

Having regard to the facts and circumstances, submissions of the parties, the period of custody of the petitioner and framing of charge against him, the Court directed the petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each.

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Ratio / Principle

Bail is subject to the conditions in Section 437(3) Cr.P.C. and further conditions: (i) one bailor to be a close relative; (ii) petitioner to remain present on every date fixed by the court below; (iii) on absence for three consecutive dates or violation of bail terms, the bail bond is liable to be cancelled by the court concerned.

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Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.), order dated 08-01-2025 in Criminal Miscellaneous No.89039 of 2024 arising out of Suppi P.S. Case No. 110 of 2024 (Sitamarhi), registered for alleged offences under Section 379 IPC on the allegation that the petitioner committed theft of the informant's motorcycle. Considering the facts and circumstances, the submissions of the parties, the period of custody (since 23.06.2024) and the framing of charge (27.09.2024), the Court allowed the bail prayer and directed release of the petitioner on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Sitamarhi, subject to the conditions of Section 437(3) Cr.P.C. and further conditions that one bailor be a close relative, the petitioner remain present on each date fixed by the court below, and the bail bond be liable to cancellation on absence for three consecutive dates or violation of bail terms.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89039 of 2024

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Arising Out of PS. Case No.-110 Year-2024 Thana- SUPPI District- Sitamarhi

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======================================================

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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

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2 08-01-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.89039 of 2024(2) dt.08-01-2025 2/3

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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.

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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.

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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:

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

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

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Patna High Court CR. MISC. No.89039 of 2024(2) dt.08-01-2025 3/3

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(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.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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