Prince Baba @ Anurag Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43049 of 2025 Arising Out of PS. Case No.-162 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Prince Baba @ Anurag Kumar Upadhyay S/O Tapeshwar Nath Upadhyay R/O Vill.- Mahauli, P.s.- Gajarajganj, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Kumari For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Nawada P.S. Case No. 162 of 2024 dated 29.02.2024 registered for the offences punishable u/ss 341, 342, 307 and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant and his father were leaving the court premises then the accused persons, Sushil Sah, Ranjit Chaudhari and Manish Chaudhari along with three unknown miscreants fired on them. The accused, Sushil Sah fired on the informant's father with intent to

Patna High Court CR. MISC. No.43049 of 2025(3) dt.02-09-2025 2/3 kill him which hit his left temple causing injury. Thereafter, the injured was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case in his self confessional statement and there is no material against the petitioner except confessional statement. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused person Sushil Shah. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2025. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 29.05.2025 passed in Cr. Misc. No. 88818 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.43049 of 2025(3) dt.02-09-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 162 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T