Mukesh Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45008 of 2022 Arising Out of PS. Case No.-392 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Mukesh Kumar Sahani Son Of Chandeshwar Sahani @ Chano Sahani R/O Village- Gorpar Godhiyari, Ward No.-14, Gamail, P.S.- Bihariganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 392 of 2021 registered for the offences punishable under Sections 279, 337, 338, 304 and 34 of the Indian Penal Code.

As per the prosecution, the informant's father succumbed to the injuries after he met with an accident. Further, this petitioner and other co-accused persons is alleged to have

Patna High Court CR. MISC. No.45008 of 2022(2) dt.29-11-2022 2/3 crashed their vehicle into the deceased's vehicle intentionally. The main submissions advanced by learned counsel Mr. Alok Kumar Singh, appearing for the petitioner are that the alleged incident was completely a road accident and in the FIR any motive on the part of the petitioner to commit the alleged offence has not been mentioned and the FIR was lodged twenty days after the alleged occurrence and the petitioner also suffered injuries in the alleged motor vehicle accident and he has been languishing in jail since 10.04.2022.

Learned APP Mr. Pawan Kumar Chaurasia, appearing for the State has opposed the prayer for bail. Having regard to the facts and circumstances of this case, considering the above submissions and also the petitioner's defence as to the alleged occurrence being a motor vehicle accident and also the fact that the petitioner has clean antecedent and he has been languishing in jail since 10.04.2022 and the FIR was lodged after inordinate delay of twenty days, in the opinion of this Court the petitioner deserves to a lenient approach of this Court, let the petitioner be enlarged 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 Court concerned in connection with Udakishunganj P.S. Case No. 392

Patna High Court CR. MISC. No.45008 of 2022(2) dt.29-11-2022 3/3 of 2021.

(Shailendra Singh, J.) maynaz/- U T