Uday Kumar @ Bhutawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21385 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== Uday Kumar @ Bhutawa, Son of Late Chamaru Paswan, Resident of Village Pahadpur, P.S. M.M.C.H., District Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Buniyadganj P.S. Case No.63 of 2020, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner actively participated in hatching up the conspiracy of the murder of the deceased.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner surfaced in the case on the basis of confessional statement of coaccused Aditya Kumar, who is own brother of the deceased Abhishek Kumar. The only allegation against the petitioner is that the petitioner actively participated in hatching up the

Patna High Court CR. MISC. No.21385 of 2021(3) dt.25-10-2021 2/2 conspiracy of the murder of the deceased. It is further submitted that there is general and omnibus allegation against the petitioner. The petitioner is in custody since 17.05.2020 and he has got no criminal antecedent as stated in paragraph 3 of the bail petition.

Considering the fact that only allegation against the petitioner is that the petitioner actively participated in hatching up the conspiracy of murder of the deceased, let petitioner, above named, be released 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 learned Additional Chief Judicial Magistrate-VII, Gaya in connection with Buniyadganj P.S. Case No.63 of 2020.

(Anjani Kumar Sharan, J.) Sanjay/- U T