Patna High CourtCR. MISC./51782/2023bail granted

Mithilesh Singh @ Rahul Ranjan v. The State Of Bihar

2023-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51782 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== MITHILESH SINGH @ RAHUL RANJAN SON OF LATE RAM BAHADUR SINGH R/O-DAUSAR, P.S.-TIKAPATTI, DISTT.-PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N . K . Agrawal , Senior Advocate Ms. Diksha Kumari, Advocate Dr. Bidur Ranjan, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP For the Informant :

Mr. Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201 , 120B/34 of the Indian Penal Code.

3. As per the prosecution case, the present F.I.R has been lodged against 3 named accused persons including the petitioner being owner of the said vehicle. It has been alleged that the accident has been caused at the instance of the coaccused, which resulted into death of the deceased, who is son of the informant.

4. It is submitted that it is a case of accidental death . The incident took place on 25.01.2022 and the FIR has been

Patna High Court CR. MISC. No.51782 of 2023(3) dt.22-09-2023 2/2 lodged on 08.03.2022, wherein fardbeyan has been recorded on 19.02.2022, and for the same there is no plausible explanation, which itself creates doubt over the veracity of the entire prosecution. Police after investigation submitted final form in the case against the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State and informant vehemently opposes the bail petition of the petitioner.

6. Considering the facts and circumstances of the case and also the delay in lodging FIR, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 learned J . M. 1st Class, Purnea in connection with Tikkapatti P.S. case no. 22 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T