Yogendra Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77726 of 2025 Arising Out of PS. Case No.-1386 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Yogendra Upadhyay S/O Ramhirdev Upadhyay R/O Vill. - Banarjhula, Tharbhitiya, P.O.- Chaita, P.S.- Pakaridayal, Dist.- East Champaran, Bihar845414 ... ... Petitioner/s
Versus
1 .
The State of Bihar Patna 2.
Munilal Sahani S/O Late Devdari Sahani R/O Vill. - Banarjhula, Bhagwanpur, P.S.- Pakaridayal, Dist.- East Champaran, Bihar- 845414 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohd Rustam Hussain, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 379, 420, 467, 468, 504 and 506 of the Indian Penal Code .
3 . The prosecution case, in brief, is that informant namely , Munnilal Sahni alleged that on 28.05.2023 on account
Patna High Court CR. MISC. No.77726 of 2025(2) dt.17-11-2025 2/3 of land dispute, all the F.I.R. named accused persons including these petitioners brutally assaulted the complainant and his mother due to which his mother sustained severe injuries.
4. It is submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in the present case. From bare perusal of the complaint petition as well as S.A of complaint petition , it is apparent that due to admitted land dispute altercation has taken place . Allegation is general and omnibus against these petitioners. No specific allegation of any overt act is against them. Similarly situated co-accused persons have already been granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 24.07.2025 in Cr. Misc. No. 43983 of 2025 .
5 . Learned counsel for the State opposed the bail petition .
6 Considering the fact that no specific accusation is against these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, 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 the learned Additional Chief Judicial Magistrate- 8th, Motihari, East
Patna High Court CR. MISC. No.77726 of 2025(2) dt.17-11-2025 3/3 Champaran in connection with Complaint Case No. 1386 of 2023 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T