Upendra Kumar @ Upendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16420 of 2026 Arising Out of PS. Case No.-149 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Upendra Kumar @ Upendra Sahani Son of Lalan Sahani, Resident of VillRaghunathpur, P.S.- Raghunathpur, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sitesh Kashyap, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Raghunathpur P.S. Case No.149 of 2024, dated-13.11.2024 registered for the offences punishable under Sections 126(2), 127(2), 132, 109, 121(1), 121(2), 191(2), 191(3), 190, 74, 125 and 262 of the B.N.S., 2023.
3. FIR has been lodged against 15 named, including the petitioner and 10-15 unknown persons. As per further allegation, the accused persons have caused obstruction in the discharge of official duty of police while they have gone to arrest an accused in a separate case.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.16420 of 2026(2) dt.25-03-2026 2/3 case. He further submits that there is no specific allegation of assault or overt act against the petitioner. He also submits that the petitioner has nothing to do with the alleged offence and his name has transpired only on the basis of suspicion. He further submits that similarly situated co-accused persons have already been enlarged on anticipatory bail by Co-ordinate Bench of this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 17824 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.16420 of 2026(2) dt.25-03-2026 3/3 learned concerned Court Below, in connection with Raghunathpur P.S. Case No.149 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T