Srikant Upadhayay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70662 of 2022 Arising Out of PS. Case No.-204 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

SRIKANT UPADHAYAY S/O SACHIDANAND UPADHAYAY Resident of village- Sujayatpur, P.S.- Govindganj, District- East Champaran. 2.

RAVI KUMAR UPADHAYAY @ RAVIKANT UPADHAYAY @ MUNNA UPADHAYAY S/O SACHIDANAND UPADHAYAY Resident of villageSujayatpur, P.S.- Govindganj, District- East Champaran. 3.

ASHUTOSH KUMAR S/O SRIKANT UPADHAYAY Resident of villageSujayatpur, P.S.- Govindganj, District- East Champaran. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 354, 504 & 506/34 of the Indian Penal Code.

The petitioners are said to have threatened and pressurized the informant to withdraw the case lodged under SC/ST Act and also not to depose before the Court. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70662 of 2022(2) dt.28-02-2023 2/3 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics at the intance of their agnates as informant's husband is worker of one Rajeev Kumar Upadhayay having inimical terms with the petitioners due to land dispute. The informant in collusion with the said Rajeev Kumar Upadhayay lodged this present case with the false allegation. It is further submitted that petitioner were enjoying the privilege of Section 41 (a) Cr.P.C. Thereafter, the charge-sheet was submitted against the petitioner and cognizance was taken by the learned Court below. The allegation levelled against the petitioners is not specific rather general and omnibus in nature.

Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Govindganj P.S. Case No.

Patna High Court CR. MISC. No.70662 of 2022(2) dt.28-02-2023 3/3 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T