Patna High CourtCR. MISC./71982/2022bail granted

Abhay Kumar Yadav v. The State Of Bihar

2023-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71982 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- THAWE District- Gopalganj ====================================================== ABHAY KUMAR YADAV S/O BRAHMA YADAV @ BRAHMA CHAUDHARI Resident of village- Harbasa, P.S.- Thawe, DistrictGopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 379/34 of the Indian Penal Code.

As per the prosecution case, this petitioner dashed the father of the informant by tractor causing his death. It is submitted on behalf of petitioner that as a matter of fact, it was an accidental death and during course of investigation, number of witnesses have stated that the deceased was on driving seat and tractor in question was in running condition and due to that reason, the deceased fell down from the tractor and got crushed. The entire prosecution is absolutely false and fabricated and only with a view to harass the petitioner. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.71982 of 2022(3) dt.05-07-2023 2/2 Learned counsel for the State and informant vehemently opposed the prayer for anticipatory bail. Considering the aforesaid facts and circumstances as well as material collected during course of investigation, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Gopalganj in connection with Town P.S. Case No. 201 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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