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2025 DAILYLAW 1885 (MAN)

Md Tayeb v. Officer In Charge, Heingang Police Station

Crl.M.C./35/2025 · 2025-09-02

A Guneshwar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suppl. Item No. 1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL AB No. 29 of 2025 with Crl.M.C. No. 35 of 2025 Md. Tayeb …..Petitioner/s - Versus – Officer-in-Charge, Heingang Police Station .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 03.09.2025 [1] This matter is taken up as unlisted item on mentioning. [2] Heard Mr. Anjan Prasad Sahu, learned counsel for the petitioner and Mr. H. Samarjit, learned PP assisted by Mr. A. Bheigya, learned Jr. G.A. for the State respondent. [3] By the present application under Section 482 of BNSS, 2023, the petitioner is approaching this Court for pre-arrest bail in connection with FIR No. 82(08)2025 Heingang P.S. U/S 281/125(b)/324(4) BNS, 2023. [4] The petitioner has alleged cause injury to one person due to vehicular accident and subsequently, the victim succumbed to injury. [5] Mr. H. Samarjit, learned PP, has pointed out that all the offences registered against the petitioner are all bailable and hence, anticipatory bail is not maintainable in case of bailable offence. [6] However, Mr. Anjan Prasad Sahu, learned counsel for the petitioner, submits that at the time of registration of the FIR, the victim was alive and subsequently, he has succumbed to injury. [7] Mr. H. Samarjit, learned PP, pointed out that Section 106(1) of BNS causing for negligence act i.e. bailable offence whereas section 106(2) where a person who caused death by negligence driving and escaped without reporting is non-bailable. [8] In the present case, it is not the case that a person escaped without reporting. [9] This Court is of the opinion that, at most, Section 106(1) of BNS may be attractive in the present situation which is also bailable offence. [10] With this observation, bail application is disposed of as all the offences are bailable. Misc. application is also disposed of. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.09.03 17:34:14 +05'30'