Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8845 of 2022 Arising Out of PS. Case No.-296 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Naresh Rai Son of Late Pabitar Rai Resident of Village- Didarganj, P.S.- Didarganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nabin Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 296 of 2020 registered for the offence under Sections 337, 338 and 304 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 17.04.2020.

The allegation against the petitioner is to cause death of five (5) persons, while driving truck rashly and negligently, bearing registration no. JH02N9955.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8845 of 2022(4) dt.15-11-2022 2/3 submitted that petitioner has falsely been implicated in the present case, for the simple reason that he was on the place of occurrence. It is submitted that statement of owner who may be the right person to disclose the name of the driver was not recorded during the course of investigation and just to cover up the formalities, the present innocent petitioner has falsely been implicated in this case. It is further submitted that during entire investigation, nothing surfaced, which may connect this petitioner as driver of the alleged truck. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of nature of accusation, where petitioner is in custody since 17.04.2020 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kankarbagh P.S. Case No. 296 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.8845 of 2022(4) dt.15-11-2022 3/3 Sessions Judge-XIII, Patna/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T