Neeraj Upadhaya @ Niraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69188 of 2021 Arising Out of PS. Case No.-380 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Neeraj Upadhaya @ Niraj, Son Of Late Rishi Upadhaya @ Rishi Bharadawaj Resident Of Village - Choura Raghunath, P.S.- Sector 39, District - Goutam Budha Nagar (U.P.) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 399, 402 of the Indian Penal Code and Section 25(1-b), 26 and 35 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 17.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of one iron knife, one fighter pin and one mobile from the possession of the petitioner. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and

Patna High Court CR. MISC. No.69188 of 2021(2) dt.09-05-2022 2/2 carrying a knife is not an offence when no occurrence has been committed.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and in the nature of allegation and recovery, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bahadurpur P. S. Case No.380 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T