Gopal Kumar Upadhya @ Gopal Kumar Upadhyay @ Pali Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38931 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Gopal Kumar Upadhya @ Gopal Kumar Upadhyay @ Pali Upadhyay S/o Mohan Upadhya @ Mohanjee Upadhyay Resident of Village-Barki Singahi, P.S.-Ara Town, District-Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 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 342, 323, 364, 511, 360, 379/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier the prayer for bail of the petitioner was rejected by this court but the trial court has reported that up till now, case of the petitioner could not be committed to the court of Sessions.

No doubt, petitioner carries criminal antecedent of some cases but he is in jail custody since 06.06.2015 and having more or less similar allegation, some co-accused have already

Patna High Court Cr.Misc. No.38931 of 2016 (3) dt.09-11-2016 2/2 been granted privilege of bail by different Benches of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 125 of 2015.

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