Raghunath Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29995 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -JALILGARH District- PURNIA ======================================================
1. Raghunath Roy Son of Karamchand Roy, Resident of Village Malpur, P.S. Khushrupur, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. B. N. Pandey, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-07-2015 Heard Mr. Uma Kant Shukla, the learned counsel for the petitioner and the learned Additional Public Prosecutor. The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. The gist of the allegation is that the M.V. I. was checking the vehicles but the petitioner who is the driver of a truck bearing registration No. BR 11 S-4673 sped his truck on being signaled to stop. The M.V. I. chased the truck and asked the petitioner to stop but the petitioner dashed the jeep causing death of the M. V. I. and other occupants of the jeep. Mr. Uma Kanth Shukla, the learned counsel for the petitioner, submits that the M. V. I. came in front of the truck of the petitioner and that is why the accident took place. It is a pure
Patna High Court Cr.Misc. No.29995 of 2015 (2) dt.28-07-2015 2/2 case of accident which comes under section 304A of the IPC but the FIR was lodged under section 302 and other sections of the IPC.
From perusal of the records, it appears that there is specific allegation that the petitioner on being signaled did not stop the vehicle and dashed the jeep of the M. V. I. causing his death and the death of other occupants. Hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/- U T