Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22640 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Upendra Kumar Son Devcharan Yadav @ Devcharan Singh Resident of village Chiksaura, Police station shakurabad, District Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate :
Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-09-2025 Heard the learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Shakurabad P.S. Case No. 132 of 2024 registered for the offence under Sections 147, 148, 149, 354, 302, 379, 120B of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with fourteen others are said to have assaulted the deceased. The petitioner is closely related with the deceased.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that no offence under Section 302 of the I.P.C. is made out as the occurrence took place all of sudden and
Patna High Court CR. MISC. No.22640 of 2025(4) dt.01-09-2025 2/2 the deceased died after three days. The petitioner is in custody since 11.02.2025.
5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and the fact it appears to be a case of sudden provocation and the deceased died after three days of the occurrence, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jehanabad/concerned Court below in connection with Shakurabad P.S. Case No. 132 of 2024.
(Sandeep Kumar, J) anand/- U T