Indra Bhushan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38617 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

INDRA BHUSHAN UPADHYAY, Son of Bhudeo Upadhyay, 2.

Chandan Upadhyay, Son of Indra Bhushan Upadhyay, both Resident of Village- Dorwan, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Dulhin Bazar P.S. Case No.81 of 2019 instituted for the offence under Section(s) 25(1B)a, 26 and 35 of the Arms Act. In the written report, it is alleged that a single barrel loaded country made pistol with two cartridges of 315 bore, one misfired cartridge were recovered from the house of the petitioners.

Counsel for the petitioners submits that there is no recovery from conscious possession of the petitioners. Police has forcibly taken signature of the petitioners on the seizure list. Petitioners have been implicated in this case due to land dispute

Patna High Court CR. MISC. No.38617 of 2019(2) dt.28-06-2019 2/2 with Pattidar.

Petitioners are in custody since 29.03.2019 having clean antecedents. They are father and son.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Danapur, Patna, in connection with Dulhin Bazar P.S. Case No.81 of 2019, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) J. Alam/- U T