Amzad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8506 of 2020 Arising Out of PS. Case No.-515 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Amzad Ali Son of Wahab Alam Resident of Village - Hamzapur, Mazar Marg, P.S.- Sherghati, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner apprehends arrest in Mohania PS Case No. 515 of 2019 registered under Sections 279, 337, 338, 427 IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016 The prosecution case is that one passengers bus travelling from Delhi to Hazaribagh has turned over on National Highway No.
2. On reaching the spot, the police found the driver absconding and from the locker above the driver's seat, liquor was stored. The bottles were seal broken. The passengers have informed the police that in spite of repeated warning to the driver he continued with rash and negligent driving which has resulted in the bus over turning on the highway. Several passengers have been injured in the accident. Petitioner's Counsel submits that the recovery is from the bus wherein large number of passengers were travelling. The petitioner is merely driver of the vehicle and as such Bihar Prohibition and Excise Act is not made out.
Having regard to the nature of allegation against the petitioner of putting life of the bus passengers to danger, this court is
Patna High Court CR. MISC. No.8506 of 2020(2) dt.03-03-2020 2/2 not inclined to grant the privilege of anticipatory bail to the petitioner. He would be at liberty to surrender in the court below and pray for regular bail.
This application is dismissed.
(Madhuresh Prasad, J) SNkumar/- U T