Arvind Upadhaya @ Rajan Upadhya @ Ranjan Upadhaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47913 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- PALANWA District- East Champaran ====================================================== Arvind Upadhaya @ Rajan Upadhya @ Ranjan Upadhaya Son of Shyamakant Upadhya Resident of Village - Jaitpur, P.s. - Palanwa, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr. Rajesh Singh For the informant :

Mr. Vikash Kumar Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

As per allegation in the FIR,on the alleged date of occurrence the informant was sitting at his door, all the named accused persons along with petitioner and unknown truck driver by forming an unlawful assembly came there and started abusing. On instigation of co-accused Sant Upadhyay, the petitioner assaulted the informant by spade as a result of which the informant received cut injury on his head and then co-

Patna High Court CR. MISC. No.47913 of 2023(2) dt.10-08-2023 2/3 accused Sant Upadhyay also assaulted the informant by iron rod and all the accused persons entered into house of the informant and committed theft of ornaments, clothes and cash of Rs. 55,000/- It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both the parties are agnates and there is admitted land dispute between them. As per F.I.R., the petitioner was given spade blow on the head of the informant and he sustained cut injury but as per medical report, the injuries received by the informant caused by hard and blunt substances. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 20.03.2023.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that the informant received grievous injury.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the

Patna High Court CR. MISC. No.47913 of 2023(2) dt.10-08-2023 3/3 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Palanwa P.S. Case No. 100 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Raxaul, East Champaran, Motihari.

(Sunil Kumar Panwar, J) lata/- U T