Hari Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3558 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- SAHAJITPUR District- Saran ====================================================== Hari Kishor Singh, son of Ganesh Singh, Resident of village-Saidpur, P.S.- Khaira, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Prakash Prabhakar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sahajitpur P.S. Case No.118 of 2018 registered for the offences punishable under Sections 279, 353, 307 and 427 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation made in the first information report. Even otherwise, at best it would be a case of rash and negligent driving and none of the ingredients of the offences punishable under Sections 353 and 307 of the Indian Penal Code are attracted in the present case. Per contra, learned counsel for the State submitted that the allegation in the first information report is that despite

Patna High Court Cr.Misc. No.3558 of 2019(2) dt.30-01-2019 2/2 being signaled to stop by the police, the petitioner sped up the truck and moved ahead after damaging the police barrier. The further allegation is that the petitioner negligently tried to crush the informant under the wheels of the running truck. On going through the materials available on record as also after hearing the parties, the petitioner, who is not named in first information report and a statement has been made in para-3 of the application that he has got no criminal antecedent, in the event of arrest or surrender in the court below, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in connection with Sahajitpur P.S. Case No.118 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanU T