Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62994 of 2019 Arising Out of PS. Case No.-611 Year-2017 Thana- SAUR BAZAR District- Saharsa ====================================================== Uday Kumar Son of Lakhan Sharma Resident of Village - Maheshpur Ward No.- 5, P.S.- Sour (Saur) Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Sour (Saur) Bazar P.S. Case No. 611 of 2017 for the offence registered under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been implicated in the instant case merely on suspicion. There is no material on record specifying the involvement of the petitioner in the matter of the deceased. The petitioner and the deceased were running a coaching institute together and only for this reason that the name of the petitioner has surfaced in the instant case. Diary of the present case had been called for which has now been received.

Patna High Court CR. MISC. No.62994 of 2019(3) dt.28-11-2019 2/2 Learned counsel for the State, after perusal of the Diary, submits that the allegation against the petitioner is drawn in the instant case only because he was also a partner in the coaching institute which was being run by the deceased. Except this, there is no earlier dispute between the parties. Considering the aforementioned facts and circumstances and that the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sour (Saur) Bazar P.S. Case No. 611 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) uma/- U T