Pintu Kumar @ Pintu @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68872 of 2019 Arising Out of PS. Case No.-291 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== PINTU KUMAR @ PINTU @ BITTU KUMAR, Male, aged about 21 years, Son of Akhalesh Ram @ Akhilesh Ram, Resident of Village - Paliganj, Police Station- Paliganj, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Giridhar Gopal Tiwary, Advocate.

For the Opposite Party :

Mr.Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2019 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 and 304/34 of the IPC. The prosecution story, in brief, is that on 02.05.2019 at 7.00 A.M. while the father of the informant Tuntun Sao was doing work in his field, in the meantime, co-villagers Shailesh Kumar @ Mangru and Pintu Kumar (petitioner) having common intention, rashly came on a Bolero vehicle bearing Registration No. BR-01-PG-2606 driven by Shailesh Kumar and with intention to kill his father crushed him, who on being referred and brought in the Emergency Ward of P.M.C.H., Patna, was declared as dead body by the doctor of P.M.C.H. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.68872 of 2019(2) dt.04-11-2019 2/2 03.05.2019. 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 deceased is said to have died due to accidental death. The petitioner had no intention to commit death of the deceased. From perusal of the F.I.R., it is apparent that at best, it is a case for the offence under Section 304(A) of the IPC. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 61570 of 2019 under order dated 01.10.2019.

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.- II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 291 of 2019.

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