Dharmendra Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8062 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== DHARMENDRA SAO, age-29 years, Gender-Male, Son of Krishna Sao Resident of Village - Tandwa, P.S.- Pratappur, District-Chatra, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Imamganj P.S. Case N0. 158 of 2018, disclosing offences under Sections 304/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the First Information Report that the petitioner was not driving the truck, which had hit the deceased. He was simply sitting in the truck. He accordingly, submits that no offence under Section 304 of the Indian Penal Code can be said to be made out against him. I find force in the submission so-advanced on behalf of the petitioner. This application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from
Patna High Court Cr.Misc. No.8062 of 2019(2) dt.13-02-2019 2/2 today in the Court below, 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 the learned Chief Judicial Magistrate, Gaya in Imamganj P.S. Case No. 158 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U