Gopal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45066 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- MARANCHI District- Patna ====================================================== Gopal Kumar S/O Dayanidhi Singh @ Pahalwan R/O VillageJalalpur,Nauranga, P.S.-Maranchi, Distt-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanendra Kumar Singh For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Maranchi Police Station Case No. 34 of 2024, dated 17.03.2024, disclosing offences punishable under Sections 279/337/325/307 of the Indian Penal Code.
3. The prosecution case, as per the complaint -cum- First Information Report, is that while the informant's father was walking outside after taking meal, the petitioner, who is the driver of a tractor, hit him with the tractor, due to which he sustained injury and the petitioner succeeded in fleeing away.
4. Learned Counsel for the petitioner submits that from perusal of the complaint, it appears that the allegation
Patna High Court CR. MISC. No.45066 of 2024(2) dt.24-07-2024 2/3 against the petitioner is for rash and negligent driving. The occurrence has taken place on 30.01.2024, but the complaint has been filed after a delay of one month on 29.02.2024. The intention of the petitioner was not to hit the informant's father. It is, at best, a case of rash and negligernt driving, but in order to put pressure upon the petitioner and to pressurize him for money, the belated First Information Report has been lodged on the basis of the complaint, which was forwarded to the police, under Section 156 (3) of the Code of Criminal Procedure, 1973.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation made in the First Information Report and the fact that the petitioner is the driver of the tractor and there is delay of one month in lodging the complaint, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.45066 of 2024(2) dt.24-07-2024 3/3 of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Barh, Patna, in connection with Maranchi Police Station Case No. 35 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √