Patna High Court
Brij Kishore Upadhyay @ Mohan UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioners subject to surrender within eight weeks and furnishing bail bonds of Rs.10,000 each with two sureties.
Summary
The petitioners, Brij Kishore Upadhyay and Gopi Narayan Upadhyay, were implicated in a Buxar police case alleging they defrauded an informant of Rs.10 lakh by promising a judicial appointment and subsequently assaulting him. The petitioners denied the allegations, claiming a business dispute and offering to return Rs.5 lakh via demand draft, which the informant's counsel accepted. They applied for bail, proposing surrender within eight weeks and furnishing bail bonds of Rs.10,000 each with two sureties. The Court considered the nature of the offences, the petitioners' willingness to return part of the money, and the conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S. The Court ordered that bail be granted subject to the stipulated conditions, including surrender within the specified period and compliance with bail bond requirements.
Issues considered
- Whether the petitioners are entitled to bail in the pending criminal case under Sections 341, 323, 406, 420, 379, 504, 506/34 of the IPC.
- Whether the conditions proposed by the petitioners satisfy the requirements of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. for bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 341, 379, 406, 420, 504, 506/34
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- Indian Penal Code
- false allegations
- surety
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5439 of 2026
Arising Out of PS. Case No.-234 Year-2024 Thana- BUXAR District- Buxar
======================================================
1. Brij Kishore Upadhyay @ Mohan Upadhyay S/O Late Laxaman Upadhyay
R/O Village- Ahirauli, P.S.- Buxar Industrial, Distt.- Buxar
2. Gopi Narayan Upadhyay S/O Brij Kishore Upadhyay @ Mohan Upadhyay
R/O Village- Ahirauli, P.S.- Buxar Industrial, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Bhushan Upadhyay, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
Mr.Uma Shankar Singh, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 08-07-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in Buxar
Town P.S. Case No. 234 of 2024, registered for the offence
under Sections 341, 323, 406, 420, 379, 504, 506/34 of the
Indian Penal Code.
3. Allegation against petitioners is that they took total
Rs. 10 Lakhs from the informant in lieu of providing
employment to informant’s son on the post of Assistant in the
Patna High Court, but neither they provided employment to
informant’s son nor returned the alleged money and when
informant demanded his money, he was threatened and assaulted
Patna High Court CR. MISC. No.5439 of 2026(6) dt.08-07-2026
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by these petitioners.
4. Petitioners deny the allegation made in the F.I.R.
and submit that petitioner no. 2 and son of informant are
business partners and they used to deal in land, but after
sometime, some dispute arose between them and with ill
motive, informant has filed this false and baseless case on the
basis of concocted story. However, by way of filing
supplementary affidavit, learned counsel for the petitioners
submits that petitioners are ready to return Rs. Five Lakhs to
informant against the alleged amount of Rs. Ten Lakhs through
demand draft and accordingly, he hands over the demand draft
to the counsel for informant, namely, Uma Shankar Singh, vide
D.D. No. 451831 dated 02.07.2026, issued by the Canara Bank,
Buxar in favour of Bhrighunath Ojha (informant) amounting to
Rs. 5,00,000/- (Five Lakhs), which was candidly accepted by
learned counsel for the informant.
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Buxar in connection with
Patna High Court CR. MISC. No.5439 of 2026(6) dt.08-07-2026
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Buxar Town P.S. Case No. 234 of 2024, subject to condition as
laid down under Section 438(2) of the Cr.P.C. / Section 482(2)
of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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