Gopi Upadhyay @ Gopi Narayan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55858 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Gopi Upadhyay @ Gopi Narayan Upadhyay Son of Brij Kishor Upadhyay @ Mohan Upadhyay Resident of Village-Ahirauli, P.S.-Buxar (Industrial), District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 25(1-B)a/26/35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amndment) Act, 2018.

Allegedly, one country-made pistol along with one live cartridge and 57.96 litres wine are recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-07-2019. One country-made pistol along with one live cartridge and 57.96 litres wine are alleged to have been recovered from possession of the

Patna High Court CR. MISC. No.55858 of 2019(2) dt.03-09-2019 2/2 petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Buxar in connection with Buxar (Industrial Area) P.S. Case No. 111 of 2019.

(Sudhir Singh, J) A.K.V.//- U T