Subodh Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59536 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== SUBODH KUMAR UPADHYAY Son of Sri Raj Deo Upadhyay Resident of Village - Khagani, P.S.- Goreakothi, Distt - Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Goreakothi P.S. Case No. 80 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is allegation of participation of nine accused persons in the alleged occurrence and there are general and omnibus allegation against all the accused persons and no specific overt act has been alleged against the petitioner.

It is submitted that co-accused Promod Kumar Upadhyay and Rajdeo Upadhyay have been allowed bail by different learned co-ordinate Benches of this Court vide Cr. Misc. No. 62438 of 2019 and 54171 of 2019. It is submitted that the

Patna High Court CR. MISC. No.59536 of 2019(3) dt.20-11-2019 2/3 petitioner is in custody since 07.05.2019.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein there is no specific allegation of commission of any overt act against the petitioner, the allegations are general and omnibus and out of nine accused persons against whom there are general allegations, two of them have been granted regular bail by different co-ordinate Benches of this Court vide vide Cr. Misc. No. 62438 of 2019 and 54171 of 2019 and considering that the petitioner is in custody since 07.05.2019, let the petitioner above named be released on bail in connection with Goreakothi P.S. Case No. 80 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.59536 of 2019(3) dt.20-11-2019 3/3 facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T