Anil Upadhyay @ Anil Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22292 of 2020 Arising Out of PS. Case No.-8 Year-2019 Thana- Kuchaikote District- Gopalganj ====================================================== Anil Upadhyay @ Anil Kumar Upadhyay, aged about 44 years, Male, Son of Late Jagarnath Upadhyay, at present R/o Village - Karnpura More, P.S. - Kuchaikote, District - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02.

24.08.2020 Heard Mr. Ranjit Kumar Pandey, learned counsel for the petitioner and Mr. Raj Kishore Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kuchaikote P. S. Case No. 8 of 2019 dated 07.01.2019, instituted for the offences under Sections 147, 148, 149, 332, 333, 353, 307, 427 and 436 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

It has been submitted that because of the killing of two persons and the police not taking active

interest in apprehending the accused persons, there was a protest by the villagers.

In the aforesaid protest, the protesters resorted to affray. Though the petitioner has been named in the F.I.R. but nothing specific has been attributed to him. It has also been submitted that 250 persons are said to have taken part in the aforesaid affray. The petitioner is a Panchayat Teacher and appears to have been named in this case because of the machinations of local police.

Some of the other accused persons in this case have been granted anticipatory bail by different Benches of this Court.

Regard being had to the nature of accusation against the petitioner, he, above-named, in the event of his arrest or surrender before the court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of learned A.C.J.M. - VII, Gopalganj, in connection with Kuchaikote P. S. Case No. 8 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) skm U T