Patna High CourtCR. MISC./11009/2016bail granted

Kalicharan Mandal v. The State Of Bihar

2016-04-27Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.11009 of 2016 (3) dt.27-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11009 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -DHARHARA District- MUNGER ======================================================

1. Kalicharan Mandal Son of Bharat Mandal Resident of village - Heru Diara Kali Asthan, P.S. Naya Ram Nagar/Safiabad, O.P District - Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rekha Prasad For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dharhara P.S. Case No. 159 of 2015 registered for the offence punishable under Section 304 of the Indian Penal Code.

Allegedly, the truck bearing registration no. WB23A9181 which was being driven by the driver rashly and negligently dashed several persons at different places causing death of five persons and further seriously injuring three persons. During investigation it reveals that it was the petitioner who was driving the said truck.

Submission is of false implication and that the petitioner is not named in the first information report, there is no legal and cogent material against the petitioner, witness Kishori Prasad

Patna High Court Cr.Misc. No.11009 of 2016 (3) dt.27-04-2016 Yadav and Sakaldeo Yadav have taken name of the petitioner and his father due to enmity, the petitioner is suffering in custody since 25.10.2015 and as such he deserves sympathetic consideration to which the learned APP seriously opposes.

In the facts and circumstances stated above, considering the statement of the witnesses who have identified the petitioner driving the said truck in drunken condition dashing several persons and killing five of them, at present, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

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