Patna High CourtCR. MISC./72937/2023bail granted

Abodh Kumar Yadav v. The State Of Bihar

2024-02-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72937 of 2023 Arising Out of PS. Case No.-569 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== ABODH KUMAR YADAV S/O LAKHAN PRASAD R/O VILLAGEKASIYADIH, P.S.- SIRDALA, DISTRICT- NAWADA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 279 and 304 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have caused the death of the father of the

Patna High Court CR. MISC. No.72937 of 2023(3) dt.29-02-2024 2/3 informant due to negligence and carelessness while driving the vehicle .

4. The learned counsel for the petitioner submits that the petitioner is the driver of the alleged vehicle, and there was no intention of the petitioner to commit the alleged offence, and only by chance an accident occurred. Moreover, the informant's father and the petitioner were not known to each other, and the occurrence took place on the main road allegedly caused due to the rash and negligent driving of the driver. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Sherghati. Gaya in connection with

Patna High Court CR. MISC. No.72937 of 2023(3) dt.29-02-2024 3/3 Barachatti P.S. case No. 569 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T