Upendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26220 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== UPENDRA MUKHIYA Son of Late Mahabir Mukhiya, Resident of Village - Shyam, P.S.- Gowalpara, Distt - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Udakishunganj P.S. Case No. 21 of 2019 registered for offence punishable under section 414 of the Indian Penal Code, 25 (1-B)A, 26 and 35 of the Arms Act. The motor cycle on which the petitioner was one of the rider, was intercepted and from there, the arms have been recovered. The person, who was arrested, took the name of this petitioner. The learned counsel for the petitioner submits that he did not disclose the name of petitioner's father. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the

Patna High Court CR. MISC. No.26220 of 2019(2) dt.24-04-2019 2/2 petitioner surrenders and prays for regular bail, the court below without being prejudiced by this order, will take decision in accordance with law.

(Shivaji Pandey, J) mkchy/- U T