Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29278 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== Manish Kumar Son of Pravin Yadav @ Bino Yadav Resident of village - Dhusar, P.S.- Tikapatti, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Tikapatti P.S. Case No. 22 of 2022 lodged under Sections 302, 201, 120B /34 of the I.P.C.

As per the prosecution case, the present F.I.R. has been lodged against 3 named accused persons including the petitioner being the driver of the said vehicle. It has been alleged that the accident has been caused at the instance of the co-accused by the petitioner which resulted into death of the deceased, who is son of the informant.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29278 of 2023(2) dt.08-06-2023 2/3 admittedly, all the accused persons as well as the deceased were going through the said vehicle Tata Tiaggo bearing Reg. No. BR-104/8481. According to him, the petitioner was driving the said vehicle and on the said unfortunate date, accident took place in which all persons including the petitioner were injured and due to said injury, the informant's son died after 10 days of treatment at the IGIMS, Patna.

Counsel further submits that petitioner is in custody since 27.01.2023 having clean antecedent. He submits that charge-sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is conspiracy hatched by the co-accused and on the instance of the inimical relation, this petitioner has caused this accident intentionally which resulted into death of the informant's son. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Purnea in connection with

Patna High Court CR. MISC. No.29278 of 2023(2) dt.08-06-2023 3/3 Tikapatti P.S. Case No. 22 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T