IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4822 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Durgesh Upadhyay @ Durgesh Kumar Upadhyay S/o Sheo Bihari Upadhyay Resident of Village- Majhariya, P.S- Buxar (Industrial), District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mayuri , Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 12-02-2025 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 121 , 121 (1), 122, 109, 303 ( 2 ) , 352 , 351 ( 2 ), 3 (5) of Bharitya Nyay Sanhita 2023 and 27 of Arms Act. 3 . As per the prosecution case , on the alleged date and time of occurrence , this petitioner along with other co- accused persons riding on 3 motorcycles came at the house of informant and fired upon the uncle of informant but bullets didn’t hit his uncle and thereafter they took away Rs. 2.50 lakh Patna High Court CR. MISC. No.4822 of 2025(2) dt.12-02-2025 2/3 cash kept on the bed. This petitioner and other accused persons were identified by the informant. 4. Learned counsel for the petitioner submits that as a matter of fact, petitioner earlier, on 09.05.20214 lodged F.I.R., bearing Buxar ( Industrial ) PS Case No. 80 of 2021 wherein it was alleged that son of the informant had taken the petitioner with him on false pretext and assaulted him and forcibly clicked photos of petitioner with pistol. In order to take revenge and to put to pressure to withdraw the aforesaid case this false and conconcted case has been lodged. Allegation is general and omnibus. No specific overt act is alleged against this petitioner. Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner. 6. Considering the fact of the case 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 Sessions Judge Buxar in connection with Buxar ( Industrial) P S Case No. 263 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of Patna High Court CR. MISC. No.4822 of 2025(2) dt.12-02-2025 3/3 BNSS 2023 . Koushik/- (Prabhat Kumar Singh, J) U T