Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34426 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- KAHAIYA District- Muzaffarpur ====================================================== Rahul Kumar Singh, son of Sri Ravindra Prasad Singh, resident of VillageNawalpur, P.S. Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh For the Opposite Party/s :

Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State and learned counsel for the informant.

Petitioner is in custody in connection with Kathaiya P.S. Case No. 29 of 2018 for the offence under sections 341, 342, 323, 307, 379, 302, 120(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

From perusal of the Fard-beyan, it appears that petitioner has informed about the accident of deceased and thereafter, family members of the deceased assembled and he was taken to a nearby hospital for first aid. Later on, he was referred to PMCH at Patna for treatment.

Patna High Court Cr.Misc. No.34426 of 2018(3) dt.19-07-2018 2/2 From the inquest report, it appears that the kind of injury sustained by the deceased was normally sustained by injured in road accident.

Considering the fact that there is no eye-witness to have seen any overt act committed by this petitioner, to the contrary in the totality of facts situation indicate that the petitioner has informed the family members of the injured and the injured died during the course of the treatment. Having regard to the facts that the petitioner has no criminal antecedent and he is in custody since 21.2.2018, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd , West Muzaffarpur, in connection with Kathaiya P.S. Case No. 29 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T