Vivek Upadhyaya And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39242 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39242 of 2017 Arising Out of PS.Case No. -433 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. VIVEK UPADHYAYA, SON OF LALAN UPADHYAYA &

2. JITENDAR UPADHYAYA @ BULET UPADHYAYA, SON OF KANHAIYA UPADHYAYA, VILLAGE KOHARI, POLICE STATION BHABUA, KAIMUR .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sandip Singh, Advocate For the Opposite Party : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence under sections 307/34 of the IPC and under section 27 of the Arms Act.

The petitioner submits that the allegation is general and omnibus. Further, it is submitted that since the case has been lodged for other reason, the matter has been compromised between the parties which is also apparent from the order of rejection dated 27.7.2017. Prior to the instant case, there is no case against petitioner no. 1, whereas only one case is pending against petitioner no.2 in which he is already on bail. Petitioners are in custody since 17.7.2017.

In view of the aforesaid submissions, let both the petitioners as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua Police station Case No. 433 of 2017. (Madhuresh Prasad, J) Shashi.

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