MUNNA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present civil writ petition under Article 226 of the Constitution of India has been preferred praying for the following reliefs:

(2.) The relevant facts, as emerging from the record, are that on written report of one Saurabh Sinha, Dulhin Bazar P.S. Case No. 108 of 2022 was registered on 9/5/2022 for offences punishable under Ss. 279, 337 and 338 of the Indian Penal Code and Sec. 37 (b)(c) of the Bihar Prohibition and Excise Amendment Act, 2018 against one Sobhnath Mochi. As per the report, on 9/5/2022 the informant along with his uncle were going from his village to Vikram for work. All of a sudden, one pickup vehicle bearing registration no. BR-01-GH-1131, coming from opposite direction, hit the informant and his uncle due to negligence of the driver and high speed of the vehicle. The vehicle coming from behind was also affected and two people namely Rahul Kumar and Chittranjan Kumar were badly injured. Thereafter, they were taken to the PHC Dulhin Bazar Hospital and from there, doctors referred them to Patna. The driver of the vehicle was apprehended and the vehicle was seized by the police and the apprehended accused disclosed his name as Shobhnath Mochi. In breath analyzer test, he was found to have consumed 311 mg/100 ml alcohol.

(3.) During the course of hearing, it has been informed by Ld. counsel for the State that in pursuance to the order of this Court dtd. 10/8/2023, the vehicle in question has been released to the petitioner with some undertaking.