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Patna High CourtCR. MISC./61418/2019rejected

Vilayati Ram v. The State Of Bihar

2019-10-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61418 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- HALSI District- Lakhisarai ====================================================== VILAYATI RAM Son of Lukhri Ram Resident of Village - Indupur, P.S.- Barhiya, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Halsi P.S. Case No. 166 of 2019 registered under Sections 279/304(A)/337, 338 and 304 of the I.P.C. pending in the Court of C.J.M., Lakhisarai.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Petitioner is the Truck Driver of the alleged vehicle. Further submission is that petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that it would appear from the F.I.R. itself that the petitioner was

Patna High Court CR. MISC. No.61418 of 2019(2) dt.16-10-2019 2/2 driving the alleged vehicle rashly and negligently due to which eight persons have been died. Hence, this is not a fit case for bail.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) shailendra/- U T