Patna High Court
Shivakant Upadhya @ Shyam UpadhyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shivakant Upadhya, was arrested in connection with a case registered under multiple sections of the Indian Penal Code, including assault, grievous hurt, and attempt to murder. The prosecution alleged that he assaulted an informant with a daab, causing injuries, and that other accused were also involved. The petitioner contended that he is innocent, has no prior criminal record, and that the injuries were simple, having been in judicial custody since 23 August 2025. The State opposed the grant of regular bail, citing the seriousness of the offences. After hearing both sides, the High Court considered the facts, the petitioner’s lack of antecedents, and the nature of the injuries, and decided to enlarge regular bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences listed under the IPC.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354(B), 379, 447, 504, 506
Subjects
- regular bail
- Indian Penal Code
- assault
- judicial custody
- surety
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89293 of 2025
Arising Out of PS. Case No.-238 Year-2023 Thana- KOTWA District- East Champaran
======================================================
Shivakant Upadhya @ Shyam Upadhya Son of Late Bindeshwari Upadhya
Resident of Village - Jasauli, P.S. - Kotwa, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 341, 323,
447, 324, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal
Code.
3. The case of the prosecution is that the petitioner
assaulted the informant with daab on his head. There is
allegation against other accused persons also of assaulting the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
order of the learned trial court, it will transpire that the nature of
Patna High Court CR. MISC. No.89293 of 2025(3) dt.10-03-2026
2/2
injuries of the informant is simple. A statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
23.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kotwa (Bhopatpur) P.S. Case No. 238 of 2023 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Motihari, East Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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