Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60787 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- RAUTA District- Purnia ====================================================== Sanjay Yadav S/O- Suresh Yadav R/O- Sadpur W.No-4, Ps- Sahebpur Kamal Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 279, 304A, 302, of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the informant alleged that due to negligent and rash driving the driver/petitioner of the truck dashed two motorcycle riders namely, Md. Sabbir and Md. Rubed due to which they sustained injuries and succumbed to injuries. It is further alleged that the driver also dashed two other persons namely, Dipak Kumar Sah who is also son of the informant and another person namely, Md. Sarbul, they also sustained injuries and succumbed to injuries. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60787 of 2023(2) dt.22-09-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per FIR, it appears that the petitioner tried to stop the unbalanced vehicle rather due to failure of steering of the said vehicle this occurrence took place and there is no intention to kill the deceased persons. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rauta P.S. Case No. 46 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below.

(Sunil Kumar Panwar, J) Manishkumar/- U T