Patna High CourtCR. MISC./579/2024bail granted

Robin Kumar v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.579 of 2024 Arising Out of PS. Case No.-24 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Robin Kumar Son of Rajo Saw R/o vill - Hasanpur, P.S. and Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Uday Pratap Singh Mr.Muneshwar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the Stat and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code.

3. It is submitted on behalf of petitioner that as per F.I.R., it was co-accused Manoj Kumar, who was driving the vehicle in question (i.e. pick-up van), which hit the deceased, however; during course of investigation, it has come that coaccused Mahesh Kumar was driving the said vehicle. So far as this petitioner is concerned, he has been made accused in this case due to previous enmity. Petitioner has got no concern either with the co-accused persons or said pick-up van. It is further

Patna High Court CR. MISC. No.579 of 2024(3) dt.21-03-2024 2/2 submitted that F.I.R. has been lodged after a delay of two days and there is no explanation for the same. There is no eyewitness to the occurrence. In this case, chargesheet has already been submitted. Co-accused Sudhir Saw has been granted bail by a coordinate Bench of this Court, vide order dated 16.03.2023 passed in Cr.Misc. No. 44356 of 2022. Petitioner is in custody since 20.08.2023.

5. However, learned counsel for the informant vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances as well as period of custody, let the above named petitioner 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 learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 24 of 2022.

(Prabhat Kumar Singh, J) anay U T