Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60878 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- BAGHA District- West Champaran ====================================================== Upendra Kumar yadav Son of Madan yadav R/o Village - Poor house ward no 35, P.S. - Bagaha, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in connection with Bagaha P.S. Case No. 29 of 2025 for the offence registered under sections 316(2), 316(5), 318(4), 338, 336(3), 61(2) of the BNS., 2023.

3. As per the prosecution story, the Branch Manager, Bank of India, Bagaha Branch lodged the FIR alleging that the petitioner along with registered valuer under conspiracy mortgaged certain gold ornaments and took around Rs. 12,00,000/-, later got the knowledge that the same is/are not gold. This led to the FIR.

4. Learned counsel for the petitioner submits that the valuer of the bank checked the ornaments and whereafter the

Patna High Court CR. MISC. No.60878 of 2025(2) dt.10-09-2025 2/2 loan was granted and in that background, they cannot claim that it was fake gold ornaments.

5. Learned APP on the other hand submits that the valuer of the bank is also an accused in this case and under conspiracy, the money was procured. He has drawn the attention of this Court to paragraph 3 to show that the petitioner has criminal antecedent.

6. Considering the submissions of the parties as also the allegation that has come against the petitioner coupled with the fact that he has criminal antecedent, in that background, his anticipatory bail application stands rejected.

7. However, if the petitioner surrenders within a period of four weeks, the Court concerned shall take up the matter and dispose it of preferably on the same day. (Rajiv Roy, J) Vijay Singh/- U T