Moin @ Moin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52282 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- BAUNSI District- Araria ====================================================== MOIN @ MOIN ANSARI S/O MD. ISMAIL ANSARI @ ISLAM ANSARI R/O VILLAGE- BASAITHI, WARD NO. 10, P.S- BAUNSI, DIST.- ARARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Naushaduzzoha For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bousi P.S. Case No. 102 of 2024 registered for the offence punishable under Sections279, 337, 338, 304(A), 304 of the Indian Penal Code.

3. Allegedly, the son of the informant was collided with a tractor due to rash and negligent driving of the petitioner, as a result of which, the informant's son sustained injuries and died on the spot itself.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There was no intention to kill the deceased. The case was initially lodged for causing death by rash and negligent

Patna High Court CR. MISC. No.52282 of 2024(3) dt.26-09-2024 2/2 driving but later on, it was converted into Section 304 of the Indian Penal Code. The petitioner is in custody since 20-052024.

5. On the otherhand, Mr. J. N. Thakur learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances and the period of custody for near about four months, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bousi P.S. Case No. 102 of 2024 with the following conditions:

(i) The petitioner shall cooperate with the trial and make himself available as and when required by the court. (ii) The petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) A.K.V.//- U T