Himanshu Upadhyay @ Deepak Upadhyay @ Nagin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24681 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- KORANSARAI District- Buxar ====================================================== Himanshu Upadhyay @ Deepak Upadhyay @ Nagin aged about 24 years (Male), Son of Hareram Upadhyay, Resident of Mohalla - Shivpuri, P.S.- Buxar(T), District - Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

One country made loaded pistol is said to have been recovered from conscious possession of the petitioner when petitioner was trying to flee after making fire. Submission on behalf of the petitioner is that false implication of the petitioner reflects from the first information report itself, because the informant claims that petitioner opened fire and after that he was apprehended by the police but it is surprising enough that the loaded pistol is said to have been recovered from conscious possession of the petitioner. No doubt, petitioner carries criminal antecedent of near about eight cases but considering the aforesaid facts and circumstances as well as submissions of the parties, let the

Patna High Court CR. MISC. No.24681 of 2019(2) dt.19-04-2019 2/2 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 Judicial Magistrate, 1st Class, Court No. 2, Buxar in connection with Koransarai P. S. Case No. 03 of 2019.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T