Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13855 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Uday Kumar S/O Raghunath Bhagat @ Raghunath Prasad R/O VillagePaigambarpur, P.S.- Siwaipatti, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Soni Srivastava Sarandha Suman For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for offence under Sections 302/120B/34 of the Indian Penal Code.

3. Allegation against this petitioner is that he alongwith other co-accused persons killed the son of informant.

4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case only on suspicion. There is no eye-witness to the alleged occurrence. F.I.R. has been lodged after a delay of 23 days of the alleged occurrence and there is no plausible explanation of delay. As a matter of fact, the victim had fallen from the roof of the school and in course of treatment, died. During course of investigation, only material that has come against this petitioner is that there was exchange of phone calls between the deceased (son of informant) and the

Patna High Court CR. MISC. No.13855 of 2024(3) dt.19-04-2024 2/2 daughter of the petitioner, as per mobile tower location. Save & except this, there is no other direct or indirect evidence against the petitioner to show his complicity in the alleged occurrence. Similarly situated co-accused Shyam Kumar Kushwaha has already been granted anticipatory bail by this Court, vide order dated 16.04.2024 passed in Cr.Misc. No. 9885 of 2024. Petitioner has got clean antecedent and is in custody since 22.11.2023. Chargesheet has been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Muzaffarpur in connection with Siwaipatti P.S. Case No. 155 of 2023.

(Prabhat Kumar Singh, J) anay U T