Madan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74091 of 2018 Arising Out of PS. Case No.-274 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Madan Upadhyay, aged about 50 yrs, S/o Sri Chandradhar Upadhyay, R/o Village- Taruha, P.S.- Kudra, Distt.- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Shankar Choudhary, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kudra P.S. Case No.274 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.

In the written report, there is specific allegation against co-accused, Anil Upadhyay, of causing firearm injury with double barrel gun to the brother of the informant, Uma Shankar Ojha, in his head and he died on the spot. There is also allegation against Mithilesh Upadhayay of causing firearm injury in the leg of nephew of the informant with double barrel gun. Petitioner is alleged to be member of the unlawful assembly.

Patna High Court Cr.Misc. No.74091 of 2018(2) dt.12-12-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Bhabhua, Kaimur, in connection with Kudra P.S. Case No.274 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T