Upendra Rai @ Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83026 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Upendra Rai @ Upendra Kumar S/O Sri Basdeo Rai Resident of Village Lakhana Apahar, PS- Amnour, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner, Mr. Mohammed Arif, learned APP for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mufassil P.S. Case No. 681 of 2023 instituted for the offence under Sections 341, 323, 353, 188, 332, 504 of the Indian Penal Code.
3. The case of the prosecution is that the police was indulge in vehicle checking and at that time petitioner arrived there, disclosed his name and started misbehaving with the police personnel. It is further alleged that one home guard,
Patna High Court CR. MISC. No.83026 of 2024(2) dt.11-12-2024 2/3 Bhola Manjhi received injury in his hand. It is also alleged that while departing, the petitioner also threatened the police personnel.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that as has been mentioned in the FIR, that the petitioner is related with some political party. He denies his connection with any political party. Petitioner is having no criminal antecedent.
5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mufassil P.S. Case No. 681 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra subject to
Patna High Court CR. MISC. No.83026 of 2024(2) dt.11-12-2024 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T