Manju Paswan @ Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59633 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- GAURICHAK District- Patna ====================================================== MANJU PASWAN @ RAJU PASWAN (Male), aged about 42 years, Son of Bal Kishun Paswan, Resident of Abdullah Chak, P.S.- Gopalpur, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Shraddhanand Paswan, Advocate.

For the Opposite Party :

Mr.Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 279, 337, 338 and 304 of the IPC. The prosecution story, in brief, is that due to rash and negligent driving of the vehicle by the petitioner, accident took place in which four persons died on the spot and five persons sustained injury who subsequently died during course of treatment.

Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 55739 of 2018 under order dated 30.10.2018 by the then Co-ordinate Bench of this Court with an observation 'at this stage'. He was also given liberty to renew prayer for bail after six months if no substantial progress is made in the case vide Annexure-1 to the present application.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.59633 of 2019(2) dt.24-09-2019 2/2 petitioner that the petitioner is languishing in custody since 19.05.2018. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is alleged to be the driver of the Bus in question which met with an accident resulting led to death of passengers. The petitioner had no intention to commit accident. Due to bad weather, accident is said to have taken place. The petitioner has remained in custody for more than one year. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VII, Patna City, in connection with Gaurichak P.S. Case No. 48 of 2018.

(Sudhir Singh, J) U.K./- U T