Chintu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34789 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Chintu Paswan S/O Late Nathuni Paswan Resident Of Village Belashankar, Police Station L.N.M.U. , District Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with L.N.M.U P.S. Case No. 367/2023 dated 06.12.2023 registered for the offences punishable u/ss 279 and 304A of the Indian Penal Code and later 302 of the I.P.C was added.
3. As per the prosecution case, the informant's younger brother, Jay Kumar Paswan went to bring vegetable at 9 pm near Durga Asthan Mandir, in the meantime, 407 vehicle bearing registration no. BR07AGA 3054 was coming from Delhi more rashly and negligently and dashed the informant's younger brother, due to which the informant's brother became
Patna High Court CR. MISC. No.34789 of 2024(2) dt.15-05-2024 2/3 seriously injured and died during the course of treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Learned counsel has submitted that the deceased was over drunk and he was not in his control. It is further submitted that the petitioner did not do anything with intention. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with L.N.M.U P.S. Case No. 367/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.34789 of 2024(2) dt.15-05-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T