Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57194 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Rohit Kumar S/o Shankar Prasad Soni Resident of Thakurbari Marg, Yamuna Nagar, Ward No. 26, Shahpur, P.S.- Town, District- Aurangabad ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 65197 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Bhola Kumar S/o Vineshwar Yadav Resident of Yamuna Nagar, Shahpur, P.S.- Town, District- Aurangabad ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 57194 of 2019) For the Petitioner :

Mr.Sanjay Kumar For the Opposite Party :

Mr.Ajit Kumar (In CRIMINAL MISCELLANEOUS No. 65197 of 2019) For the Petitioner :

Mr.Sanjay Kumar For the Opposite Party :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Both petitions arise out of the same case i.e. Mufassil P.S. Case No. 151 of 2019, and as such, they are being heard and disposed off by this common order.

Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.57194 of 2019(3) dt.16-11-2019 2/3 Petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 151 of 2019 instituted for the offence under Section(s) 279 and 304/120B of the Indian Penal Code.

It is submitted by the petitioners' counsel that from perusal of the F.I.R. itself, it is apparent that the victim has been taken to the hospital by the petitioners. The allegations further contained the details of an accident of the tempo of one of the petitioners. Other than details of the road accident where the victim has suffered injuries, there is nothing on record to suggest otherwise.

The learned A.P.P. for the State opposed the prayer for bail by submitting that the allegation is under Section 304/120B and other allied offences. Considering the rival submissions of the parties, prayer of the petitioners of both the matters for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners before the court below, named above, within four

(04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.57194 of 2019(3) dt.16-11-2019 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M. Aurangabad, in connection with Mufassil P.S. Case No. 151 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T