Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46337 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== Dilkhush Kumar Son of Akhilesh Paswan Resident of Village- Barni, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 279, 304, 338, 427 of the Indian Penal Code. Prosecution case, in short, is that informant Ranjeet Kumar, reserve Guard of Ekangarsarai P.S. gave written statement before Incharge of Ekangarsarai P.S. that on 2.6.2019 during night gasti two vehicles have been dashed and in accident, driver of pick up van, namely, Sanjeet Roy died and driver of other vehicle i.e. the petitioner wanted to flee from the P.O. with vehicle. In the said accident, one police officer, namely, Ashok Kumar Paswan also injured in dashing. Later on said police officer also died during treatment. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.46337 of 2019(2) dt.29-07-2019 2/2 the petitioner is in custody since 3.6.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of accident. The petitioner had neither any intention nor any knowledge for committing death of the deceased. At best, it is a case for an offence under Section 304A of I.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa in connection with Ekangarsarai P.S. case No.134 of 2019. (Sudhir Singh, J) Narendra/- U T