Chandan Paswan @ Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8250 of 2019 Arising Out of PS. Case No.-701 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Chandan Paswan @ Chandan Kumar Paswan Son of Late Tannu Paswan Resident of Village- Tewarichak, P.S.- Barachatti. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that due to rash and negligent driving of the accused persons in drunken state, one person died and another got injured.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.12.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be driver of the pick up van in question. It is alleged that in a

Patna High Court CR. MISC. No.8250 of 2019(3) dt.08-04-2019 2/2 drunken state, the petitioner caused an accident for which case under Section 304A IPC was instituted. As far as offence under Section 304A IPC is concerned, the same is bailable. The petitioner had no intention to commit the said offence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Bodh Gaya P.S. Case No. 701/18.

(Sudhir Singh, J) Pankaj/- U T