Harendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.227 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Harendra Yadav Son of Motilal Yadav Resident of Village-Basdila Pandey P.S. Turk Patti, Distt. Kushinagar (U.P.)

2. Rahamtullah @ Ramtullah @ Rahamutullah Ansari Son of Saudagar Ansari Resident of Village-Sarsiwa Tirama Sahun, P.S. Turk Patti, Distt.- Kushinagar (U.P.)

3. Firoz @ Firoz Ahmad @ Firoz Mian Son of Meer Hassan Mian Resident of Village-Sariswa, P.S. Turkpatti, District Kushinagar (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Fulwaria P.S. Case No. 73 of 2016 registered under Sections 302, 353, 427/34 of the Indian Penal Code.

The accusation is of driving the vehicle rashly and negligently, due to which, the accident took place and the deceased died on the spot.

Learned counsel appearing on behalf of the petitioners submits that petitioners are owner, driver and khalasi of the said vehicle respectively. It is also submitted that the death of

Patna High Court Cr.Misc. No.227 of 2017 (3) dt.27-01-2017 2/2 the deceased is accidental one and there is no role of the petitioners to kill him.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, 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.-XIII, Gopalganj in connection with Fulwaria P.S. Case No. 73 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T