Patna High CourtCR. MISC./17423/2015bail granted

Ashutosh Upadhyay @ Jata Baba @ Jhota Baba v. The State Of Bihar

2015-09-14Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17041 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Ajay Kumar son of Raj Mangal Singh resident of village- Mel Dumra, P.S. Arrah (M), District Bhojpur, At present Block Colony Nai Bazar, Govt. Quarter, P.S.- Buxar Town, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17423 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Ashutosh Upadhyay @ Jata Baba @ Jhota Baba Son of Late Shaligram Upadhyay, R/o Village - Gosaipur, P.S. - Buxar (M), District - Buxar, At present Village - Kailashpuri Naibatar, P.S. - Buxar (T), District - Buxar. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.17041 of 2015) For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Md.Sufiyan(App) (In Cr.Misc. No.17423 of 2015) For the Petitioner/s : Mr. Shree Kant Pandey For the Opposite Party/s : Mr. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-09-2015 Both the above stated petitions arise out of Buxar (M) P.S.Case No. 46 of 2015 registered under sections 25(1-b)A 26/35 of the Arms Act. Accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.17041 of 2015 (4) dt.14-09-2015 2/2 One Baliram Chaudhary was arrested by the police and the aforesaid Baliram Chaudhary stated that the weapon used in the commission of murder of Guddu Chaudhary was given to him by Ajay Kumar (petitioner in Criminal Misc. No.17041 of 2015) and after that Ajay Kumar (petitioner in Criminal Misc. No.17041 of 2015) was arrested and he disclosed that he had given the aforesaid weapon to Aushuthosh Upadhaya (petitioner in Criminal Misc. No.17423 of 2015).

Taking into consideration that the alleged recovery of weapon has been made from the an orchard and not from conscious possession of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No.46 of 2015.

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