Kundan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15014 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- JADOPUR District- Gopalganj ====================================================== KUNDAN GIRI S/o Ganesh Giri, Resident of Vill.- Yadopur Sukul, P.S.- Yadopur, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 279, 332, 334, of the Indian Penal Code and Section37(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that due to rash and negligence driving, father of the informant was crushed down. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 27-12-2018. Charge sheet in this case has already been submitted. As per prosecution case, at best it is a case for the offence under Section 304A of the Indian Penal Code. The petitioner is alleged to be cleaner of
Patna High Court CR. MISC. No.15014 of 2019(3) dt.09-04-2019 2/2 the vehicle in question. The vehicle in question was being driven by co-accused namely Manager Mahto in a drunken state. There is no recovery of liquor from possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Yadopur P.S. Case No. 119 of 2018. (Sudhir Singh, J) A.K.V.//- U T