Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32723 of 2015 Arising Out of PS.Case No. -150 Year- 2014 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bhola Yadav, Son of Bhagat Yadav, Resident of Village - Khalwa Kaulachi, P.S. - Chautarwa, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. S.M.Rahman(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in a case registered for the offence under Sections 279, 338 and 304A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is facing prosecution on the presumption that he, being the owner of Bolero, is also the Driver of the vehicle at the time the accident took place. It is further submitted that there is no statement in the F.I.R. that the petitioner was driving his vehicle at the relevant point of time.

Considering the aforementioned facts and circumstances and that there is no clear allegation against the

Patna High Court Cr.Misc. No.32723 of 2015 (2) dt.19-08-2015 2/2 petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Additional Chief Judicial Magistrate, Bagaha, District-West Champaran, in connection with Chautarwa P.S. Case No.150 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T