Jharkhand High Court
Avinash Kumar Singh vs The State Of Jharkhand on 17 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 506 of 2024
....
Avinash Kumar Singh, aged about 54 years, son of Funlal
Singh, resident of Village-Khamargorra, PO- Kankomath, PS-
Katras, District-Dhanbad (Jharkhand) ...... Petitioner
Versus
1. The State of Jharkhand
2. Rajesh Mahto, S/o Bhushan Mahto, R/o Gorga, PO + PS-
Barwadda, District- Dhanbad ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Krishna Shankar, Advocate
For the State : Mr. Sanat Kumar Jha, APP
For the O. P. No. 2 : None.
.....
I.A. No. 216 of 2025
09/17.03.2025 It appears that notice has been returned unserved with
endorsement that "izkIr djrk dk irk ugh py ik jgk gS vr% okil fd;k
tkrk gSA"
2. Perused the report sent vide Letter No. 312 dated
10.03.2025 by Sri Rakesh Raushan, learned Secretary, DLSA,
Dhanbad in light of the order dated 13.02.2025 passed by this
Court by which it has been informed that the claimant namely
Kokil Mahato (father of the deceased namely Jitendra Mahato) had
filed MAC Case No. 106 of 2016 of granting compensation in
connection with G. R. Case No. 165 of 2015 and as per the
judgment dated 30.03.2019 passed by the learned District Judge-
VII-cum-Motor Accident Claim Tribunal, Dhanbad in MAC Case
No. 106 of 2016, a final compensation amount of Rs. 10,12,800/-
had been granted to the father namely Kokil Mahato and mother
namely Smt. Charki Devi of the deceased namely Jitendra Mahato
and as per the order dated 23.07.2019 of MAC Case No. 106 of
2016, the plaintiffs have received the said amount with interest i.e.
Rs. 10,50,402/- vide cheque numbers 004113 and 004114
respectively dated 17.06.2019.
3. The present Criminal Revision No. 506 of 2024 has been
filed on behalf of the petitioner challenging the judgment dated
16.02.2024 passed in Criminal Appeal No. 183 of 2023 by Sri
Kuldeep, the learned Additional Sessions Judge-VII, Dhanbad
whereby learned Additional Sessions Judge-VII, Dhanbad has
dismissed the Criminal Appeal No. 183 of 2023 and affirmed the
judgment of conviction and order of sentence dated 11.09.2023
passed by Sri Abhishek Srivastava, learned Sub-Divisional
Judicial Magistrate, Dhanbad in connection with Katras P. S. Case
No. 15 of 2015 corresponding to G. R. No. 165 of 2015 [T. R. No.
590 of 2023] by which the petitioner has been convicted for the
offences under Sections 279 and 304-A of the Indian Penal Code
and sentenced to undergo R.I. for a period of six months and to
pay fine of Rs. 1,000/- for the offence under Section 279 of the
Indian Penal Code and sentenced to undergo R.I. for a period of
two (2) years and to pay fine of Rs. 5,000/- for the offence under
Section 304-A of the Indian Penal Code.
However, all the sentences have been directed to run
concurrently.
4. I. A. No. 216 of 2025 has been filed on behalf of the
petitioner for grant of bail, during pendency of this Criminal
Revision Application.
5. Heard learned counsel for the petitioner and learned
counsel for the State.
6. It is submitted by the learned counsel for the petitioner
that the impugned judgments and order passed by the learned
Courts below are illegal, arbitrary not sustainable in the eyes of
law. It is submitted that the petitioner is a poor person and he is in
custody since 22.12.2024 and hence, the petitioner may be
enlarged on bail.
7. Learned counsel for the State has opposed the prayer for
bail and has submitted that due to rash and negligent driving of
the petitioner, the deceased Jitendra Mahato had died and as such,
the prayer for bail of the petitioner may be rejected.
8. Heard learned counsel for both the sides and from going
through the Lower Court Records and the report sent vide Letter
No. 312 dated 10.03.2025 by Sri Rakesh Raushan, learned
Secretary, DLSA, Dhanbad.
9. It appears that the petitioner was the driver of the
offending vehicle in question, which has dashed the deceased
Jitendra Mahato and as a result of which he died.
10. It also appears that the as per the order dated 23.07.2019
of MAC Case No. 106 of 2016, the family members of the
deceased have received the said compensation amount with
interest i.e. Rs. 10,50,402/- vide cheque numbers 004113 and
004114 both dated 17.06.2019.
11. It also appears that the petitioner is in custody since
22.12.2024.
12. Considering the facts and in the circumstances of the case
and considering the custody of the petitioner, during pendency of
this Criminal Revision Application, the petitioner namely Avinash
Kumar Singh is directed to be released on bail, on furnishing bail
bond of Rs. 10,000/- (Ten thousand only) with two sureties of the
like amount each to the satisfaction of Sri Abhishek Srivastava,
learned Sub-Divisional Judicial Magistrate, Dhanbad/or his
Successor Court in connection with Katras P. S. Case No. 15 of
2015 corresponding to G. R. No. 165 of 2015 [T. R. No. 590 of
2023].
13. Thus, 216 of 2025 is allowed and stands disposed of.
14. Admit.
15. Put up this case under the heading "For Hearing" in the
month of February, 2026.
(Sanjay Prasad, J.)
Kamlesh/
