Afzal Siddiqui v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85651 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- SAKATPUR District- Darbhanga ====================================================== Afzal Siddiqui Son of Late Abdul Kadir Resident of Village - Dhamuara, P.S.- Alinagar, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakatpur P.S. Case No. 50 of 2018 registered for the offences punishable under Sections 147, 149, 279, 323, 332, 337, 338, 342, 353, 385, 386, 504, 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner being the driver of Magic Car dashed the school bus causing injury to the children. It has been further alleged that the petitioner was driving the vehicle carelessly and negligently. Mr. Anjani Kumar Sinha, learned counsel appearing on behalf of petitioner submits that petitioner has committed no offence and he is innocent. He further submits that the petitioner

Patna High Court CR. MISC. No.85651 of 2019(2) dt.18-02-2020 2/2 is the driver of the vehicle and has not threatened and assaulted the Chaukidar and only tried to park the vehicle to the side of the road. He further submits that the police had given privilege under Section 41(A) of Cr.P.C. to the petitioner. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is driver of the Magic Vehicle, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of 15 days from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sakatpur P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.