Patna High CourtCR. MISC./41264/2023bail granted

Harendra Singh @ Harendra Kumar Singh v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41264 of 2023 Arising Out of PS. Case No.-1427 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Harendra Singh @ Harendra Kumar Singh, Son Of Ram Bihari Singh, Resident of Village Sona Chak, Ps Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif (Janipur) P.S. Case No. 1427 of 2022 dated 17.11.2022 registered for the offences punishable u/ss 279, 337, 338, 304A and 307 of the Indian Penal Code.

4. As per the prosecution case, the informant's husband along with one Kundan Kumar was driving his Bullet motorcycle and the said motorcycle was dashed by a Scorpio car. Both persons were injured and they were brought to the hospital. During the course of treatment, the informant's husband died.

Patna High Court CR. MISC. No.41264 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and the petitioner is the owner of the said offending vehicle. There is no eye witness to the alleged occurrence. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the said car was being driven by the petitioner.

7. 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, Patna Sadar in connection with Phulwarisharif (Janipur) P.S. Case No. 1427 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T