Laxmi Choudhry v. The State Of Bihar

Patna High Court Cr.Misc. No.5692 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5692 of 2016 Arising Out of PS.Case No. -1 Year- 2015 Thana -ARWAL District- JEHANABAD ======================================================

1. Laxmi Choudhry S/o Lala Choudhry, R/o Village- Arwal Sipha, P.S. Arwal, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Krishna Sinha For the Opposite Party/s : Mr. Sahin Begam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Arwal P.S. Case No. 01 of 2015 registered for the offences punishable under Sections 279, 337, 338, 427, 308 of the Indian Penal Code. Allegedly, the petitioner driving Tata Pick Up Van rashly and negligently dashed the tempo of the informant and further entered into the hut causing injury to several persons and also injury to the son of the informant. It is also alleged that the driver of the Pick Up Van was in drunken condition but he succeeded in fleeing away.

Submission is of false implication and that no offence under Section 308 IPC is made out, due to mechanical fault the

Patna High Court Cr.Misc. No.5692 of 2016 (2) dt.16-02-2016 accident occurred and without any cogent reason Section 308 IPC has been added, resulting the petitioner has been suffering in custody since 23.11.2015.

Learned APP opposes the prayer of bail by submitting that due to negligent act of the petitioner several persons have received injuries.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S. Case No. 01 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T