Dipak Upadhyaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58991 of 2018 Arising Out of PS.Case No. -188 Year- 2018 Thana -MIRGANJ District- GOPALGANJ ====================================================== Dipak Upadhyaya S/o Vijay Shankar Upadhyaya, R/o Vill.- Sahebachak, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.07.2018 in connection with Mirganj P.S. Case No. 188 of 2018 for offences punishable under Sections 395 and 397 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he is running a customer service centre of the State Bank of India, Hathua and on 03.07.2018 six accused persons in three motorcycles started indiscriminate firing and looted 4.5 lacs, laptop, modem and two mobiles from the center. Specific allegation is on co-accused Sachin Singh who fired on the informant which injured him.

Patna High Court Cr.Misc. No.58991 of 2018 (2) dt.28-09-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is working in Himachal Pradesh and was not present at the relevant time but due to village politics, he has been made accused. He submits that nothing has been recovered from his conscious possession nor T.I. Parade has been done.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No. 188 of 2018. (Nilu Agrawal, J) Devendra/Priyanka U T