Dharmendra Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 59157 of 2017 Arising Out of PS.Case No. -18 Year- 2000 Thana -PIRO District- BHOJPUR ====================================================== Dharmendra Upadhyay, Son of Raj Narayan Upadhyay, Resident of Damarua, P.S.- Agiaun Bazar, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Purushottam Narayan Mishra, Advocate For the S t a t e : Mr Md Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 395 of Indian Penal Code.

It is submitted by the petitioner's counsel that the petitioner has been falsely implicated in this case and that no occurrence, as alleged, has taken place. Petitioner has relied upon compromise petition which has been filed in this case to submit that he has falsely been implicated in this case. He is in custody since 11.09.2017 having no criminal antecedent prior to the instant case.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand)

Patna High Court Cr.Misc. No.59157 of 2017 (5) dt.02-02-2018 2/2 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur in Piro Police Station Case No 18 of 2000 dated 01.02.2000 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T