Suresh Yadav @ Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38628 of 2016 Arising Out of PS.Case No. -232 Year- 2014 Thana -KARPI District- JEHANABAD ======================================================

1. Suresh Yadav @ Suresh Kumar Son of Sri Girija Yadav @ Girja Nand Yadav resident of Village- Mulchand Bigha, Police Station- Karpi, DistrictArwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Murari Prasad Sinha For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-279 & 308 of the Indian Penal Code.

The present case was lodged against unknown on the assertion that a tempo driver caused serious injuries to three persons.

In course of investigation, it came to light that at the relevant time, the aforesaid tempo was being driven by the petitioner. However, one injured namely, Ram Nivas Yadav, who happens to be brother-in-law of the petitioner, died in course of treatment.

Submission on behalf of petitioner is that the aforesaid

Patna High Court Cr.Misc. No.38628 of 2016 (2) dt.17-09-2016 2/2 fact goes to show that it is a case of accident and at best, Section304-A of the Indian Penal Code is applicable in this case. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Karpi P.S. Case No. 232 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Arwal. (Hemant Kumar Srivastava, J) A.K.V./- U T