Devendra Upadhaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52344 of 2018 Arising Out of PS.Case No. -441 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Devendra Upadhaya S/o Raj Narayan Upadhaya, R/o Vill.- Bhabhua Town, Ward No. 2, P.S.- Bhabua, District- Kaimur (Bhabhua). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 341, 323, 353, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons including the petitioner had blocked the road and they were raising slogan against police administration.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. No specific overt act has been attributed against the

Patna High Court Cr.Misc. No.52344 of 2018 (2) dt.10-09-2018 petitioner. General and omnibus allegation has been made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 441 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T