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Patna High CourtCR. MISC./17773/2021rejected

Md. Afsar v. The State Of Bihar

2022-04-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17773 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- PARBATTA District- Bhagalpur ====================================================== MD. AFSAR Son of Md. Rajak @ Md. Rajjak Resident of Village- Haripur, P.O. Doi, P.S.- Meharma, District- Godda (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehend arrest in connection with Parbatta P.S. Case No. 38 of 2020 registered for the offence punishable under section 279, 304, 427 and 428 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. He had no intention to commit such offence. At best, it can be a case of rash and negligent driving. Petitioner hase no criminal antecedent. Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.17773 of 2021(9) dt.18-04-2022 2/2 the prayer for bail and submits that petitioner is named accused in the first information report and in the alleged occurrence three minor children have been killed. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T