Patna High CourtCR. MISC./30816/2025bail granted

Punna Kumar @ Tunna Kumar v. The State Of Bihar

2025-06-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30816 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Punna Kumar @ Tunna Kumar S/o Umesh Yadav R/o Vill.- Upraura (Ubraura), P.S. - Biharsharif, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 25.09.2024 passed in Cr. Misc. No. 55987 of 2024 .

3. The petitioner seeks regular bail in a case registered for the offence under Sections 279, 337, 338, 427 and 304 of the Indian Penal Code.

4. The following order was passed on 25.09.2024 in Cr. Misc. No. 55987 of 2024:-

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 49 of 2024 registered for the offence punishable under Sections 279, 337, 338, 427 and 304 of the Indian Penal Code.

Patna High Court CR. MISC. No.30816 of 2025(2) dt.20-06-2025 2/3

3. As per the prosecution case, the petitioner is accused of driving a truck, who has killed four persons and injured two persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 31.01.2024.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the fact that the petitioner is the driver of the truck, who has killed four persons and injured two persons, I am not inclined to grant bail to the petitioner.

7. This application is dismissed.

5. The petitioner is the driver of a truck and in an accident, four persons had died. The petitioner is in custody since 31.01.2024.

6. Considering the fact that the petitioner is accused of causing death in an accident and there is no mens-rea, this application is allowed.

7. Accordingly, 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 the learned Addl. Sessions Judge-VII, Danapur, Patna/concerned Court below in connection with Paliganj P.S. Case No. 49 of 2024 subject to conditions that:- (i). The petitioner shall appear in the trial regularly either personally or through his

Patna High Court CR. MISC. No.30816 of 2025(2) dt.20-06-2025 3/3 lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bonds of the petitioner.

(ii). Both the bailors will be family members of the petitioner.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T