Muktibodh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2612 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Muktibodh Age about 27 years (Male) son of Krishnananadan Sah @ Shree Krishna Sah, Resident of Mohalla - Nayatole Ward No. 25, P.S. Sitamarhi Town, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bathnaha P.S. Case No. 319 of 2018 registered for the offence punishable under Sections 290, 294/34 of the Indian Penal Code and Sections 30(B) (C) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding the petitioner and one other person having dashed the motorcycle, being driven by them in a drunken condition, with another motorcycle, resulting in death of one of the person driving the said other motorcycle which was hit by the motorcycle of the accused persons. The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.2612 of 2019(2) dt.22-01-2019 2/2 that the petitioner was a pillion driver and the motorcycle was being driven by the co-accused Ashish Kumar, hence if at all anyone is responsible for the alleged occurrence, it is the said co-accused Ashish Kumar. It is stated that the petitioner is having a fair antecedent barring one case in which he is on bail. Lastly, it is submitted that the petitioner is languishing in custody since 04.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-I-cum-Special Judge, Excise Act, Sitamarhi in connection with Bathnaha P.S. Case No. 319 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T