Gorakhnath Upadhyay @ Gorakh Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67726 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- ITARHI District- Buxar ====================================================== GORAKHNATH UPADHYAY @ GORAKH UPADHYAY Son of Raghuvansh Upadhyay Resident of Village - Manoharpur, P.S.- Itarhi, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case in connection with Itarhi P.S. Case No. 128/2023, registered for the offences punishable under Section 409 of the Indian Penal Code.
3. As per F.I.R., allegation against the petitioner is that he has not cooperated in the departmental enquiry.
4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that petitioner was retired on 30.07.2022 and he hand over the charge to one
Patna High Court CR. MISC. No.67726 of 2023(3) dt.24-01-2024 2/2 Satish Kumar Singh (Annexure-3 of the bail application). He further submits that similarly situated co-accused has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 53026/2023.
5. Learned APP for the State has opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case and also similarly situated co-accused has been granted bail by a coordinate Bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Itarhi P.S. Case No. 128/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Ranjeet/- U T