The High Court of Patna granted anticipatory bail to the petitioner in a case where an explosion in his scrap shop caused one death, attributing the incident to negligence without mens rea.
Anticipatory bail granted for Rs. 10,000 with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28350 of 2022
Arising Out of PS. Case No.-62 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad
======================================================
MD. MAYEEDUR RAHMAN @ MAYEEDUR RAHMAN S/o Imdadul Haque Resident of Mohalla Ali Nagar, P.S.- Town, District- Aurangabad.
| The State of Bihar =================== |
==== | ... ... Petitioner/s Versus ... ... Opposite Party/s =============================== |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s | : | Mr.N. A. Shamsi |
| For the Opposite Party/s =================== |
: ==== |
Mr.J.N. Thakur =============================== |
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
4 16-01-2023
Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 62 of 2022, registered for the offences punishable under Sections 304 of the Indian Penal Code along with Section ¾ of Explosive Substances Act.
One person died as some explosive substances exploded in the scrap shop of the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent and admittedly he is owner of a scrap shop. He used to go to purchase scraps from door to door from vendors and stores materials in his godawns . He was not aware with as to what was exploded. He has submitted further that during the course of
Patna High Court CR. MISC. No.28350 of 2022(4) dt.16-01-2023 2/2
investigation, no complicity of the petitioner was found, rather it was found that he was negligent.
On the other hand, the learned APP has submitted that it has come in the investigation that the explosion was due to negligence of the petitioner.
During course of investigation, the mens rea of the petitioner has not figured, rather it was emerged that, due to his negligence, the explosion was occurred. He is a person of clean antecedent.
Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 62 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
kundan/-Nirmal U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving negligence resulting in death.
Whether the petitioner must remove defects in the bail bond within the stipulated timeframe.
1 provisions across 1 enactments
MD. MAYEEDUR RAHMAN @ MAYEEDUR RAHMAN
State of Bihar
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
