Upendra Paswan @ Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51948 of 2026 Arising Out of PS. Case No.-283 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Upendra Paswan @ Gupta S/o Late Mahabir Paswan R/o Village- Kajichak, P.S- Magadh Medical, Dist- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Singh, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with M.M.C.H P.S. Case No. 283 of 2023 lodged on 08.06.2023, for the offence punishable under Sections 341, 323, 504, 324, 385, 448, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that, the petitioner and other co-accused persons forcefully entered into the house of the informant and started abusing him for obstructing the construction of a boundary wall on the land for which the petitioner had entered into an agreement. It is further alleged that upon seeing the commotion, female family members came
Patna High Court CR. MISC. No.51948 of 2026(2) dt.29-07-2026 2/3 out, whereupon the co-accused, along with the petitioner lashed with firearms started abusing them and also resorted to firing and misbehaved with them. Later on Ravi Yadav, pointed a pistol at the informant's temple and Tannu Yadav assaulted the informant with Pasuli due to which the informant sustained injury on his head.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. Counsel further submits that it is just because the petitioner has lodged an SC/ST case against the informant, the entire story is concocted.
5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.
6. Having heard the parties and taking into consideration that there is general and omnibus allegations against the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with M.M.C.H P.S. Case No. 283 of 2023, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023
Patna High Court CR. MISC. No.51948 of 2026(2) dt.29-07-2026 3/3 and also subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.
(II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar, J) Bipin/- U T