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Patna High CourtCR. MISC./27755/2018bail granted

Vishuni Upadhyay @ Mukesh Upadhyay @ Vishni Upadhyay And ANR v. The State Of Bihar

2018-06-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27755 of 2018 Arising Out of PS.Case No. -7 Year- 2004 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Vishuni Upadhyay @ Mukesh Upadhyay @ Vishni Upadhyay,

2. Laddu Upadhyay, Both Sons of Dayashankar Upadhyay, resident of Upadhyay Sagar, P.S.- Ramgarh, Distirct- Kaimur (Bhabua). .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Ramgarh P.S. Case No. 07 of 2004, registered for offences punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioners and other accused persons is of causing death of the informant. Submission of the learned counsel for the petitioners is that the case is of the year, 2004 and final form has been submitted in the year, 2009 and after eight years cognizance has been taken against the accused persons and some of the accused persons had prayed for anticipatory bail before the Court and they have been granted privilege of anticipatory bail vide order dated 19.04.2018

Patna High Court Cr.Misc. No.27755 of 2018 (4) dt.26-06-2018 2/2 passed in Cr. Misc. No. 23285 of 2018.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 07 of 2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) Sudha/Priyanka/- U T