Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25581 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Ashutosh Kumar, Son of Rakesh Kumar Singh, resident of VillageMathurapur, Police Station- Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26670 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Sudhanshu Kumar Son of Ramvriksh Singh, Resident of VillageMathurapur Tarahi, P.O. Garahi, P.S. Jandaha, District-Vaishali. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.25581 of 2018) For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur (In Cr.Misc. No.26670 of 2018) For the Petitioner/s : Mr. Barun Kumar Choudhary Smt. Pratima Kumari For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Desari P.S. Case No. 47 of 2018 (G.R. No. 854/18) for the offences punishable under Sections 279, 337, 338, 304 and

Patna High Court Cr.Misc. No.25581 of 2018 (3) dt.29-05-2018 2/3 304(A) of the Indian Penal Code and Section 37(a)(b) of the Bihar Prohibition & Excise Act, 2016.

The petitioners herein are said to be the drivers of two cars which had hit the boundary wall resulting in the death of the mother of the informant.

The learned counsel for the petitioners of both cases have submitted that the petitioners have not deliberately committed the said incident and in fact they are having a clean antecedent. It is further submitted that the petitioners are languishing in custody since 03.03.2018. Lastly it is submitted that the petitioners are ready to abide by whatever conditions which may be imposed by this Court.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Vaishali, Hajipur in connection with Desari P.S. Case No. 47 of 2018 (G.R. No. 854/18).

It is directed that the petitioners would mark their presence before the Officer Incharge of the concerned Police Station at 10 A.M. on each and every Monday of the month and in

Patna High Court Cr.Misc. No.25581 of 2018 (3) dt.29-05-2018 3/3 the event of their failure on three consecutive occasions to mark their attendance, the present privilege of anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) S.Sb/- U T