Bipin Bihari Bajpayee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55069 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Bipin Bihari Bajpayee, S/o Sri Yamuna Bhagat, resident of villageBhagwanpur Pakari, P.S.- Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Tiwary, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bhagwanpur P.S. Case No.149 of 2017 instituted for the offence under Section(s) 279, 337, 338, 304-A and 304 Indian Penal Code pending in the Court of the 2nd Additional Chief Judicial Magistrate, Vaishali at Hajipur.

It is alleged in the fard-e-beyan by the informant that when he was standing in front of his house, one TATA MAGIC vehicle came being driven rashly and negligently by the petitioner and dashed the son of the informant, Sonu Kumar, aged about 15 years as well as informant and one Devendra Rai. The informant and Devendra Rai sustained injuries. Son of the informant, Sonu Kumar, sustained serious injury on his face and

Patna High Court Cr.Misc. No.55069 of 2017 (5) dt.06-03-2018 2/2 head as the vehicle ran over his face. Son of the informant subsequently died.

The Sessions Judge has mentioned in the impugned order that vehicle was not even insured.

Learned APP has submitted that the informant was standing near his house, which was not the public road. Learned APP has further submitted that injuries have been sustained by informant and his relative Devendra Rai also. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below within a period of four weeks from the date of receipt of the order and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order, preferably, on the same day.

(Sanjay Priya, J) JA/- U T