Jagatanand Upadhayay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2813 of 2019 Arising Out of PS. Case No.-98 Year-2017 Thana- SAKURABAD District- Jehanabad ====================================================== Jagatanand Upadhayay son of Late Deen Deyal Upadhayay Resident of Village - Sultanpur, P.S.- Sakurabad, District- Jahanabad. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Kumar For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 The petitioner seeks bail in connection with Shakurabad P.S.Case No. 98 of 2017 registered under Sections 302/34 of the Indian penal Code.
Earlier prayer for bail of the petitioner as rejected vide order dated 08.10.2018 passed in Cr.Misc. No. 58114 of 2018 with observation that once charge sheet has been submitted in this case and if there is no other allegation except suspicion against the petitioner, the court below shall release the petitioner on bail to his satisfaction.
In pursuance of the aforesaid, petitioner had moved before the learned court below who has rejected the prayer of bail by drawing attention towards some paragraphs of the case diary to show that petitioner was in village and there was property dispute. However, submission of learned counsel for
Patna High Court Cr.Misc. No.2813 of 2019(3) dt.13-02-2019 2/2 the petitioner is that though there was property dispute butThere is absolutely nothing against him to connect him in this case and his prayer for bail was erroneously rejected by the learned court below and he is in custody since 29.06.2018.
Heard learned APP also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Jehanabad in connection with Shakurabad P.S.Case No. 98 of 2017 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) sujit/- U T