Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25082 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- BYPASS District- Patna ====================================================== Raja Kumar Son of Triveni Mahto Resident of Vill- Alampur, P.S.- Nadi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Traffic Bypass P.S. Patna Case No. 31 of 2024 registered for the offence under Sections 279, 337, 338, 304 and 427 of the Indian Penal Code and under Section 198(A) of the Motor Vehicle Act.
3. As per the prosecution case, the petitioner was a driver of the three wheeler tempo vehicle and there was an accident between the Hydra Crane and the tempo in which seven persons have lost their lives. The petitioner is also alleged to have overloaded the tempo.
4. The petitioner is in jail since 29.11.2024.
5. Learned counsel for the petitioner submits that it is a case of accident and not a case of intentional accident or murder.
Patna High Court CR. MISC. No.25082 of 2025(2) dt.01-05-2025 2/2
6. Considering the aforesaid facts, this application is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Patna City/concerned Court below in connection with Traffic Bypass P.S. Case No. 31 of 2024.
8. As a condition of this order, the petitioner, at the time of executing bail bonds will give an undertaking that he will not drive any vehicle in future and the Court below will only accept the bail bonds of the petitioner after he gives the undertaking.
9. The District Transport Officer, Patna is directed to cancel the driving license of the petitioner forthwith.
10. Let a copy of this order be sent to the District Magistrate, Patna through FAX for its compliance so that the driving license of the petitioner is cancelled. (Sandeep Kumar, J) Vikas/- U