Chhotu Kumar @ Abhishek Raj vs The State Of Bihar
2021 Latest Caselaw 4198 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 27530 of 2021
     Arising Out of PS. Case No.-41 Year-2020 Thana- TETERHAT District- Lakhisarai
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Chhotu Kumar @ Abhishek Raj, aged about 19 years, Son of Ashok Ram, Resident of Village - Mahisona, PS- Tetarhat, District - Lakhisarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :       Mr. Mayank Bilochan, Advocate
 For the State            :       Mr. Satyendra Prasad, APP
 For the Informant        :       Mr. Bhim Sen Prasad, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

09.08.2021, which was allowed.

3. Heard Mr. Mayank Bilochan, learned counsel for the

petitioner; Mr. Satyendra Prasad, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Bhim Sen Prasad, learned counsel for the informant.

Patna High Court CR. MISC. No.27530 of 2021 dt.21-08-2021

4. The petitioner apprehends arrest in connection with

Tetarhat PS Case No. 41 of 2020 dated 21.04.2020, instituted

under Sections 188, 269, 270, 302/34 of the Indian Penal Code

and 3 of the Epidemic Diseases Act, 1897.

5. The allegation against the petitioner is that he and his

father had gone to the house of the deceased at night and had

coerced him to go for lifting sand at night and thereafter, from the

tractor of the father of the petitioner, the husband of the informant

was crushed leading to his death.

6. Learned counsel for the petitioner submitted that he

has been implicated only because he is the son of the person who

owned the tractor. It was submitted that he is a student and has

nothing to do in the entire episode. It was submitted that the

petitioner has no criminal antecedent. Learned counsel submitted

that during investigation nothing has come against the petitioner

and final form has been submitted by the police not sending him

up for trial in which it has been stated that the father of the

petitioner, who was also the owner and driver of the tractor was

responsible for the death of the husband of the informant and he

had surrendered before the Court below and was in judicial

custody. Learned counsel submitted that chargesheet has been

submitted under Sections 279, 337 and 304 of the Indian Penal Patna High Court CR. MISC. No.27530 of 2021 dt.21-08-2021

Code against the father of the petitioner. It was further submitted

that it is only the informant and persons close to him and close

relatives who have supported the prosecution story and no

independent witness has supported it.

7. Learned APP submitted that the petitioner was

equally responsible for having forced the husband of the

informant to go for illegal loading of sand on the tractor belonging

to his father.

8. Learned counsel for the informant submitted that the

petitioner had also come with his father to the house of the

deceased and had forced him to go with them for the purpose of

loading sand illegally. Thus, it was submitted that the petitioner

was equally responsible for having forced the husband of the

informant to commit such crime which has resulted in death as he

was crushed by the tractor. Learned counsel submitted that there is

admission on the part of the petitioner that the tractor owned by

his father was being used for illegal sand mining and, thus, from

the circumstances, it is also obvious that the petitioner

accompanied his father to the house of the deceased compelling

him to come and get his tractor loaded with sand which was illegal

and that is why it was being done at night. Learned counsel

submitted that the Court has taken cognizance under Section 302 Patna High Court CR. MISC. No.27530 of 2021 dt.21-08-2021

of the Indian Penal Code as also the witnesses have supported the

prosecution case. However, it was not controverted that the only

allegation against the petitioner is that he had also come with his

father to the house of the deceased for calling him.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that basically it is the father of the petitioner who is

responsible for the incident, as he was driving the tractor and was

also the owner of the same and the husband of the informant

appears to have been forced to go for loading the sand on the

tractor at night, since it was being illegally done, which has

resulted in the accident for which, there are chances that the

petitioner just because he was son of co-accused Ashok Ram has

also been implicated. Thus, taking an overall view in the matter,

the Court is persuaded to allow the prayer for pre-arrest bail.

10. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner

be released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Chief Judicial Magistrate,

Lakhisarai in Tetarhat PS Case No. 41 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.27530 of 2021 dt.21-08-2021

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, (iii) that the petitioner shall also give an undertaking to

the Court that he shall not indulge in any illegal/criminal activity,

act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses and (iv) that the petitioner

shall cooperate with the Court and police/prosecution. Any

violation of the terms and conditions of the bonds or the

undertaking or failure to cooperate shall lead to cancellation of his

bail bonds.

11. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioner.

                     12.     The     petition      stands     disposed         of   in   the

           aforementioned terms.


                                                (Ahsanuddin Amanullah, J.)


P. Kumar

AFR/NAFR
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