Aman Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3754 of 2023 Arising Out of PS. Case No.-528 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Aman Arif S/o Laddan Kuraishi R/o village- Sanchi Patti Ashiyana colony, P.S.- Hajipur Town, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 37 of the Bihar Prohibition and Excise Act.

Prosecution case in brief is that on 10.07.2022 at about 8.15 pm, informant was informed by the local people on telephone that all the FIR named accused persons in drunken state dashed the motorcycle of the father of informant on account of which he died on the spot. Petitioner is alleged to be the driver of the car in question which hit the motorcycle of the deceased.

It is submitted that petitioner is not named in the FIR. As a matter of fact, on the alleged date neither the petitioner was

Patna High Court CR. MISC. No.3754 of 2023(2) dt.03-04-2023 2/2 driving the vehicle in question nor was in drunken state. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 528 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T