Gamgin Alam @ Pinka Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15399 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Gamgin Alam @ Pinka Miya, Son of Gaisula Miya @ Rasool Sheikh, Resident of Village- Basta, P.S.- Mainatand, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Anita Kumari For the Opposite Party/s : Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends arrest in connection with Inarwa Police Station Case No. 25 of 2017 registered for the offences punishable under sections 279, 337, 338, 304, 414/34 of the Indian Penal Code.
It has been submitted that co-accused Sunil Baitha while driving the motor cycle caused accident, as a result of which, the Bhabhi of informant sustained injury. The petitioner was pillion rider having no role with the said accident. The death was accidental and so and no offence of section 304 IPC is made out against this petitioner. The petitioner has clean antecedent.
Patna High Court Cr.Misc. No.15399 of 2018 (2) dt.09-04-2018 2/2 The learned Additional Public Prosecutor on the other hand, opposed the submission.
Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manas Kumar, Judicial Magistrate, Bettiah, West Champaran in connection with Inarwa Police Station Case No. 25 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T