Himanshu Upadhyay @ Deepak Upadhyay @ Naginia @ Nagin Upadhya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30562 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- KORANSARAI District- Buxar ====================================================== Himanshu Upadhyay @ Deepak Upadhyay @ Naginia @ Nagin Upadhya, Son of Hareram Upadhyay Resident of Mohalla - Shivpuri, P.S.- Buxar (T), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 365, 504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons, variously armed, assaulted the informant and tried to take him away.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. None is said to have been injured. The victim has already been
Patna High Court CR. MISC. No.30562 of 2019(3) dt.11-07-2019 2/2 recovered. The petitioner has falsely been implicated in the present case due to political reason.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner has criminal antecedents.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Judicial Magistrate, 1st Class, Court No. 2, Buxar in connection with Koransarai P.S. Case No. 4/2019. (Sudhir Singh, J) Pankaj/- U T