Jai Prakash Upadhayay @ Master v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70004 of 2022 Arising Out of PS. Case No.-169 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== RISHIKESH PANDEY @ GUDDU PANDEY Son of Sri Lalan Pandey R/VImadpur, P.S- Imadpur, Dist- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66696 of 2022 Arising Out of PS. Case No.-169 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== JAI PRAKASH UPADHAYAY @ MASTER SON OF SRI SUNIL UPADHAYAY R/O VILLAGE- MOAP KHURD, P.S.- IMADPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 70004 of 2022) For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Murli Dhar (In CRIMINAL MISCELLANEOUS No. 66696 of 2022) For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per allegation in the FIR, informant was riding on

Patna High Court CR. MISC. No.70004 of 2022(3) dt.20-03-2023 2/3 a motorcycle with his father and when his father went for toilet, in the meantime three miscreants on a motorcycle came there and opened fire as a result of which his father received gun shot injury on his waist and they snatched away his motorcycle and other valuables from the informant and his father. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Neither the petitioners are named in the FIR not put on TIP. Only on the basis of suspicion, there names have been dragged in the present case. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 30.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case and the period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class,

Patna High Court CR. MISC. No.70004 of 2022(3) dt.20-03-2023 3/3 Bhojpur at Ara in connection with Sahar P.S. Case No. 169 of 2022.

(Sunil Kumar Panwar, J) sushma/- U