Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86475 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== NANDLAL YADAV SON OF RAJNATH YADAV RESIDENT OF VILLAGE - MIRACHAK, P.S. - DARAUNDHA, DISTRICT - SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Pachrukhi (Sarai O.P.) P.S. Case No.252 of 2023 registered for the offence under Sections 279, 337, 338, 304A, 353 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3.

Allegation against this petitioner is to have caused death of two young persons by his negligent driving while intoxicating condition.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is

Patna High Court CR. MISC. No.86475 of 2023(3) dt.04-03-2024 2/2 general and omnibus allegation against this petitioner and it is a case of road accident and the petitioner has not committed intentionally any offence as alleged in his case. It is also submitted that all the sections as mentioned in FIR are bailable except Section 353 of the Indian Penal Code. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 24.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Pachrukhi (Sarai O.P.) P.S. Case No.252 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Siwan. (Ramesh Chand Malviya, J) S.Katyayan/- U T