Patna High CourtCR. MISC./21375/2016bail granted

Mithilesh Singh @ Amitabh Kumar v. The State Of Bihar

2016-05-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21375 of 2016 Arising Out of PS.Case No. -531 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Mithilesh Singh @ Amitabh Kumar, son of Sri Birendra Kumar, Resident of Village- Mahngupur, P.S.- Janipur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Phulwarisharif P.S. Case no. 531 of 2015 under sections 302, 304/34 of the Indian Penal Code.

It has been submitted by the learned counsel for the petitioner that even if the entire allegations made in the first information report are taken to be true, no offence much less an offence under section 302 of the Indian Penal Code would be made out against the petitioner as the specific allegation in the first information report is against one Rajnish Kumar Singh who was driving the vehicle bearing registration No. BR-10GE-1057 at the time of occurrence.

Patna High Court Cr.Misc. No.21375 of 2016 (2) dt.25-05-2016 Learned counsel for the State concedes that the specific allegation of driving the vehicle at the time of occurrence, when one Mukesh Kumar was crushed to death, is against coaccused Rajnish Singh and not the petitioner. However, he has submitted that the petitioner is alleged to be the owner of the vehicle and was sitting in the vehicle at the time of accident. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jyoti Prakash, Judicial Magistrate, 1st Class, Patna in connection with Phulwarisharif P.S. Case No. 531 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Ashwani Kumar Singh, J) Amin/- U