Santosh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4489 of 2016 Arising Out of PS.Case No. -288 Year- 2015 Thana -PIRO District- BHOJPUR ====================================================== Santosh Kumar Sah Son of Late Laxman Sah, Resident of Village - Itimha, P.S. - Tarari, District - Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Piro (Hasan Bazar) P.S. Case No. 288/2015, disclosing offences under sections 302, 201, 34 of the Indian penal Code. Learned counsel for the petitioner submits that the petitioner was not named in the First Information Report. In course of investigation, the petitioner's name has transpired, in which it has come that the petitioner was also traveling in the vehicle, which is said to have dashed the deceased. He submits that even on the basis of material collected in course of investigation, no offence under section 302 of the Indian Penal Code is made out and at best it can be said to be a case under

Patna High Court Cr.Misc. No.4489 of 2016 (3) dt.04-03-2016 section 304A of the Indian Penal Code.

I find force in the submissions so advanced by the learned counsel for the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 A.C.J.M., Bhojpur, Ara in Piro (Hasan Bazar) P.S.Case No. 288/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U