Uday Singh @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8479 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== UDAY SINGH @ UDAY KUMAR, SON OF LATE MRITUNJAY SINGH, R/O VILLAGE- SAMASPURA, P.S.- DARIYAPUR, DIST.- SARAN AT CHAPRA ... Petitioner

Versus

THE STATE OF BIHAR BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bindhyachal Singh, Sr. Adv. with Mr. Ram Binod Singh, Adv.

For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Bindhyachal Singh, learned Senior Advocate for the petitioner and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor for the State. The petitioner seeks bail in anticipation of his arrest in connection with Dariyapur P.S. Case No. 265 of 2020 dated 06.08.2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.

The accusation in the FIR is that one person was killed whereas another was severely injured.

Learned counsel for the petitioner has submitted that 35 persons have been named in the FIR including him and about 10 to 15 unnamed persons are also alleged to have committed the occurrence. Some of the accused persons have been specifically attributed with the weapon of assault and overt act in killing one person and injuring another. So far as the petitioner is concerned, except for his being named in the FIR

Patna High Court CR. MISC. No.8479 of 2021(2) dt.20-12-2021 2/2 there is no other accusation against him.

Learned counsel for the petitioner has further submitted that several others, similarly situated have been granted bail by this Court as well as by other co-ordinate Benches. There is no material in the case diary specifically indicating anything otherwise.

Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bond in the sum of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, XIII, Saran at Chapra, in connection with Dariyapur P.S. Case No. 265 of 2020, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Ashutosh Kumar, J) Shamshad/- U T