Patna High CourtCR. MISC./61346/2023bail granted

Yogendra Upadhyay @ Yogendra Kumar Upadhyay v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61346 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Yogendra Upadhyay @ Yogendra Kumar Upadhyay S/O Ram Suresh Upadhyay R/O Village- Motiganj, Ps. Bharthana, Dist. Etawah, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mithanpura P.S. Case No. 04/2023 (G.R. No. 18/2023) dated 02.01.2023 registered for the offences punishable under Sections 348, 386, 379, 342, 504 and 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abducted the informant and took his signature on a stamp paper and a plain paper and

Patna High Court CR. MISC. No.61346 of 2023(2) dt.12-09-2023 2/3 recorded his statement and made his video on the point of pistol. Thereafter, the informant was forced to make a call to people of the college and directed to issue forged and fabricated document. In the meantime, they snatched 12 lacs from the informant and also took ransom of Rs. 6,80,000/- on phone-pay. It is further alleged that the petitioner along with the co-accused persons embezzled Rs. 60 lacs by illegal means.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of 9 days in lodging the FIR from the date of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Mithanpura P.S.

Patna High Court CR. MISC. No.61346 of 2023(2) dt.12-09-2023 3/3 Case No. 04/2023 (G.R. No. 18/2023), with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T