Bishwanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52017 of 2016 Arising Out of PS.Case No. -504 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Bishwanath Rai, Son of Ram Gulam Rai, Resident of Village- Bakarpur, P.S.- Kudhani, Distt- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Ahiyapur P.S. Case No. 504 of 2016 registered under sections 279, 337, 338, 307, 302 and 427 of the I.P.C. pending in the Court of C.J.M., Muzaffarpur.

The allegation against the petitioner is of driving the vehicle backward and forward negligently. In that course, he dashed the vehicle on the tempo, as result of which, nine persons died on the spot and later on, two persons died in course of treatment.

Submission is that petitioner has falsely been implicated in this case. He has a valid license of deriving the bus

Patna High Court Cr.Misc. No.52017 of 2016 (3) dt.19-01-2017 2/2 of the company. It is also submitted that petitioner is in custody since 26.07.2016.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected. However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Shail/- U T