Yogendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46218 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Yogendra Prasad (Male) aged 62 years Son of Late Ramuna Mahto Resident of Village Kera, P.S. Daudnagar, District- Aurangabad (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mrs. Nivedita Nirvikar, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 304/34 of the Indian Penal Code registered in connection with Daudnagar P.S. Case No. 167 of 2019.
3. It is submitted that the petitioner has been falsely implicated in connection with causing death of the informant's son Pawan Kumar @ Lallu aged about 16 years, by co-accused Ralson Mahto @ Sipahi, owner of the brick kiln, who had engaged the deceased to clean the machine and switched on the same. It is submitted that the informant has himself subsequently given a correct version of the incident by way of a petition dated 28.05.2019 filed before the Sub-Divisional Judicial Magistrate, Daudnagar (Annexure-2) stating that it was a case of accidental death when the informant's son came to the brick kiln to visit his uncle employed there and while searching for his mobile phone which had fallen near the soil grinding machine, his hand was chopped off in the machine and subsequently he died. It is submitted that there is no averment of any past enmity to motivate the act as alleged against co-
Patna High Court CR. MISC. No.46218 of 2019(2) dt.26-07-2019 2/2 accused Ralson Mahto @ Sipahi. The petitioner has been implicated merely because he happens to be the father of co-accused Ralson Mahto @ Sipahi. Similarly situated co-accused Tuntun Singh has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 46109 of 2019. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 167 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) BT/- U T