Patna High CourtCR. MISC./32670/2022bail granted

Amit Kumar v. The State Of Bihar

2023-02-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32670 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== Amit Kumar Son Of Late Bale Yadav Resident Of Village- Biharsharif, Bijbanpar, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304/34.

The prosecution case as per F.I.R is that a truck bearing Registration No. BR-21GA 8343 hit the son of the informant while he was talking on mobile, as a result of which, he succumbed to the injuries during treatment. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.32670 of 2022(4) dt.13-02-2023 2/2 in the F.I.R. The petitioner is neither owner nor driver of the truck in question He is Khalashi of the said truck. There is no intention to cause death to the victim, hence, the ingredients under Section 304 I.P.C shall not be attracted in this case and Section 304(A) I.P.C would be applicable, which is bailable. The petitioner is languishing in custody since 28.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Tetarhat P.S. Case No. 32 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T