ORDER

Date : 13.03.2024 Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. B.K. Das, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State.

This is an application made under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Md. Arbaz Khan, in connection with Bongaigaon P.S. case NO. 84/2024, registered under Section 279/304/338/427 IPC r/w Section 185 of M.V. Act.

The learned Senior counsel for the petitioner submits that the petitioner is a student pursuing for preparation for IAS in Bengaluru. The incident occurred due to an accident and there is no intention on the part of the petitioner. The petitioner was driving his vehicle bearing Regd. No. AS-26-E-8844, collided with a tempo bearing Regd. No. AS-19-AC-3447, as a result of which, the incident occurred. So, the offence under Section 304 IPC is not attracted here in this case but Section 304 A IPC, which is bailable in nature. It is further submitted that the other offences as alleged in the FIR, are also bailable in nature. Considering the background of the case and nature of offence, the petitioner may be enlarged on bail.

On the other ha