Pervez Ahmad Khan @ Parvez Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76659 of 2025 Arising Out of PS. Case No.-348 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Pervez Ahmad Khan @ Parvez Khan Son of Haseen Ahmad Khan Resident of Balua Tal Motihari, East Champaran, P.S.- Nagar Town, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate Mr. Kanishk Kaustubh, Advocate Ms. Lakshmi Kumari, Advocate Mr. Rajnish Prakash, Advocate Mr. Ankesh Kumar Sinha, Advocate Mr. Abhishek Mishra, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 105, 106(1), 125(a) and 125(b) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedents of three cases and the informant alleges that proprietor of Star Buildmax Pvt. Ltd. is constructing a bridge over Ghodasahan canal at Raxaul, next alleges that senior officials had given instructions to be followed by the firm at the construction site for the purposes of ensuring safety measure, but the instructions were not followed, as such, the Sub-divisional
Patna High Court CR. MISC. No.76659 of 2025(2) dt.27-11-2025 2/3 Office, Raxaul issued Letter No.171, dated 18.06.2025 and Letter No.1052, dated 20.06.2025 under the signature of the Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited containing instructions to be followed, but the instructions were not implemented regarding soil erosion and barricading resulting in death of Danish Javed and injury to Aman Kumar on the intervening night of 7/8-08-2025.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that the informant, in sum and substance, alleges that the bridge, which was constructed by the firm of the petitioner, had not followed the instructions of the officials regarding soil erosion and barricading leading to death of one Danish Javed and injury to one Aman Kumar. It is submitted that the letters, which have been recorded in the FIR, were never served on the petitioner. It is further submitted that the bridge was under construction and already a diversion was made for the passers by but then it appears that Danish Javed instead of taking the diversion in the night mistakenly came on the bridge and fell after breaking the barricade. It is submitted that since one person died, as such, the authorities in order to shirk responsibility instituted the instant FIR. It is submitted that had the petitioner not
Patna High Court CR. MISC. No.76659 of 2025(2) dt.27-11-2025 3/3 taken safety measures while constructing the bridge and the occurrence would have taken place, in that event, the authorities would have issued show cause to the petitioner but then that was not done. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, let petitioner, above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Raxaul P.S. Case No.348 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Satyavrat Verma, J) Sanjay/- U T