Munnu Pandey @ Ranjit Kumar Pandey @ Munna Pandey @ Ranjeet Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25981 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== MUNNU PANDEY @ RANJIT KUMAR PANDEY @ MUNNA PANDEY @ RANJEET PANDEY S/o Shambhu Pandey, R/o Vill.- Marahia, P.S.- Chapra (Muffassil), District- Saran at Chapra. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2018 Heard both sides.
The petitioner apprehends his arrest in Chapra (Muffasil) P.S. Case No.247/2017, G.R. No.5843 of 2017 registered under Sections 279 and 304 of the Indian Penal Code. The gist of the allegation is that the petitioner being the driver of the tractor called the son of the informant for repairing the rotary of tractor but the petitioner continued to drive the tractor and crushed the son of the informant under the wheel of the tractor.
Learned counsel for the petitioner submits that it is a case of negligence and no offence under Section 304 of the Indian Penal Code is made out rather at best Section 304A of the Indian
Patna High Court Cr.Misc. No.25981 of 2018 (2) dt.04-05-2018 2/2 Penal Code is made out against the petitioner. Considering the aforesaid fact and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The same is rejected in Chapra (Muffasil) P.S. Case No.247/2017, G.R. No.5843 of 2017, pending in the court of learned C.J.M., Saran at Chapra. If the petitioner surrenders in the court below, the learned court below may consider the regular bail petition of the petitioner.
(Prabhat Kumar Jha, J) Amit/- U T