Rajan Upadhyaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33708 of 2020 Arising Out of PS. Case No.-197 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Rajan Upadhyaya S/o Mohan Upadhyay Resident of Village-Siswakhurd, P.S.-Mairwa, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad, Adv.

For the State : Mr. Naveen Kumar Pandey, APP For the informant :

Mr. Prashant Kumar, Adv.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 379, 323, 385, 387 and 34 of the Indian Penal Code.

Allegedly, the petitioner with the help of some person harvested the mustard crops planted by the informant on his

Patna High Court CR. MISC. No.33708 of 2020(2) dt.16-12-2020 2/3 land as a result of which, the informant was caused loss of worth Rs. 30,000/- The matter was intervened. Thereafter, it is alleged that the petitioner demanded ransom of Rs. three lacs from the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is in custody since 08-07-2020. Charge sheet/Prosecution report in this case has already been submitted. There is an admitted land dispute between the parties and for the said reasons, the present case has been instituted against the petitioner. It has further been submitted that the petitioner may be released after completion of six months in custody. The petitioner shall co-operate in the trial. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to have get harvested the crop of the petitioner forcibly.

Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.33708 of 2020(2) dt.16-12-2020 3/3 like amount each to the satisfaction of Sri Prasanjit Singh, learned Judicial Magistrate-Ist Class, Siwan in connection with Mairwa P.S. Case No. 197 of 2020.

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