Mahendra Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51188 of 2025 Arising Out of PS. Case No.-272 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Mahendra Upadhyay aged about 35 years (Male) son of Dadan Upadhyay 2.

Jai Prakash Upadhyay aged about 52 years (Male) son of Dadan Upadhyay 3.

Hanuman Upadhyay aged about 50 years (M) son of Dadan Upadhyay 4.

Rajnikant Upadhyay @ Rajani Upadhyay aged about 48 years (Male) son of Dadan Upadhyay 5.

Shashi Kant Upadhyay aged about 22 years (M) son of Rajani Kant Upadhyay @ Rajni Upadhyay 6.

Shivam Upadhyay @ Shivam Kumar Upadhyay aged about 30 years (M) son of Mahendra Upadhyay 7.

Bhushan Pandey aged about 40 years (Male) son of Late Ram Naresh Pandey 8.

Rohit Pandey aged about 19 years (Male) son of Bhushan Pandey 9.

Satyam Pandey aged about 21 years (M) son of Bhushan Pandey. All resident of Village- Dilippur, P.S- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Informant :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2025 Heard learned counsel appearing on behalf of the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Bhabua P.S. Case No. 272 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109 and 351(2) of the B.N.S.

Patna High Court CR. MISC. No.51188 of 2025(2) dt.11-08-2025 2/3

3. As per the allegation made in the FIR, petitioners along with other co-accused, with an intention to kill, had assaulted the informant and his family members causing injuries.

4. So far as petitioner nos. 2 and 3 are concerned, their complicity cannot be denied, I am not inclined to enlarge the petitioner nos. 2 and 3 on pre-arrest bail.

5. In view of the specific allegation against coaccused Dau Upadhyay and Dhananjay Upadhyay, who had assaulted the informant, namely, Sanjit Kumar, on his head by means of sharp edged weapon causing head injury and the allegation being general and omnibus against petitioners no. 1 and 4 to 9, the petitioners no.1 and 4 to 9, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhabua, Kaimur/ concerned court in connection with Bhabua P.S. Case No. 272 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

6. The District Court is directed to verify the criminal

Patna High Court CR. MISC. No.51188 of 2025(2) dt.11-08-2025 3/3 antecedent of the petitioners no.1 and 4 to 9 and if it is found that the petitioners no.1 and 4 to 9 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

7. The bail application stands disposed of.

(Purnendu Singh, J) Niraj/- U T