Allowed¶20

Upendra Choudhary @ Upendra Yadav v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./6418/2024

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail allowed; Patna High Court; CRIMINAL MISCELLANEOUS No.6418 of 2024; Justice Anjani Kumar Sharan; petitioner Upendra Choudhary @ Upendra Yadav; Bhore P.S. Case No. 416 of 2023, District Gopalganj; IPC Sections 341, 323, 324, 325, 307, 354B, 379, 504/34; Section 438(2) CrPC; alleged Farsa assault causing head injury; false implication due to political rivalry; case and counter case; land dispute between partidar parties; two criminal antecedents; APP opposed; bail bond Rs.25,000 with two sureties of like amount; arrest or surrender within six weeks.

What did the court decide?

Conditional pre-arrest (anticipatory) bail: enlargement on bail upon arrest or surrender within six weeks, on bail bond of Rs.25,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC. ¶20

Upendra Choudhary @ Upendra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Bhorey P.S. Case No. 416 of 2023 (offences under Sections 341, 323, 324, 325, 307, 354B, 379, 504/34 IPC), should be enlarged on bail in the event of his arrest or surrender.

¶13

Court's answer

Considering the facts and circumstances of the case, the Court directed that the petitioner, in the event of his arrest or surrender before the learned Court below within six weeks, be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court, in connection with Bhorey P.S. Case No. 416 of 2023, subject to the conditions under Section 438(2) CrPC.

¶20

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J., oral order dated 20-02-2024) allowed conditional pre-arrest bail to Upendra Choudhary @ Upendra Yadav, who apprehended arrest in Bhore P.S. Case No. 416 of 2023 (District Gopalganj), registered for offences under Sections 341, 323, 324, 325, 307, 354B, 379 and 504/34 IPC, the allegation being assault on the informant with a Farsa causing head injury and injuries to other family members. Counsel for the petitioner submitted that he was innocent and falsely implicated due to political rivalry; that there was a case and counter case between the parties; that the injury on the victim was simple; that both parties were 'partidar' with a land dispute between them; and disclosed two criminal antecedents stated in para-3 of the bail application. The learned APP opposed the prayer. Considering the facts and circumstances, the Court ordered that, in the event of arrest or surrender within six weeks, the petitioner be enlarged on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6418 of 2024

¶2

Arising Out of PS. Case No.-416 Year-2023 Thana- BHORE District- Gopalganj

¶3

======================================================

¶4

Upendra Choudhary @ Upendra Yadav son of Late Yamuna Choudhary @ Yamuna Yadav Resident of village- Bharpatiya, P.O- Husspur, P.S-Bhore, District-Gopalganj

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dewanand Tiwari For the Opposite Party/s : Mr.Surendra Kumar ======================================================

¶8

... ... Opposite Party/s

¶9

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶10

2 20-02-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

Additional Public Prosecutor for the State.

¶13

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 354B, 379, 504/34 of the Indian Penal Code.

¶14

Allegation against the petitioner is that he assaulted the informant with Farsa causing head injury and also made injured to other family members.

¶15

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to political rivalry. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that both parties are partidar and there is land dispute between them. He

¶16

Patna High Court CR. MISC. No.6418 of 2024(2) dt.20-02-2024 2/2

¶17

further submits that petitioner has two criminal antecedent as stated in para-3 of the bail application.

¶18

Learned APP for the State opposes the prayer

¶19

for bail.

¶20

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhorey P.S. Case No. 416 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶21

(Anjani Kumar Sharan, J)

¶22

devendra/-

¶23

U T

Upendra Choudhary @ Upendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Choudhary @ Upendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Nirendra kumar Vs The State of Bihar

Smt. Renu Ravi Vs The State of Bihar and Ors.

Iftakhar ahmad Vs The State of Bihar and Ors.

Praveen Kumar Vs The State of Bihar

Abul Kalam Vs The State of Bihar

Viveka Nand Pandey Vs The State of Bihar