Sunil Kumar @ Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74896 of 2024 Arising Out of PS. Case No.-445 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sunil Kumar @ Sunil Sah Son of Arjun Sah Resident of Village - Rajwara, Ward No. 02, P.S. - Garahara, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Informant/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner; learned counsel for the informant, Mr. Randhir Kumar and learned APP for the State, Mr. Shantanu Kumar.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 281, 106(1) of the BNS & Section 37(c) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the informant and his brother were going on a scooty and from opposite direction, one Alto car dashed into them. The car was being driven rashly, and in that accident, the brother of the informant namely, Md. Zabir Hussain, who was riding the vehicle, died on spot. The car was being driven by the petitioner.

Patna High Court CR. MISC. No.74896 of 2024(6) dt.21-02-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that though the car belongs to the petitioner, the main allegation is that of rash and negligent driving. There is no intention of committing any offence. It is further submitted that the petitioner is languishing in judicial custody since 03.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 445 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I, Exclusive Excise Act, Begusarai.

(Ashok Kumar Pandey, J) Sudhanshu/- U T