Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14755 of 2012 ====================================================== Badri Yadav, son of Late Gopal Yadav, resident of village-Nawada, P.S.- Govindganj, District-East Champaran, Motihari. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case instituted under [STATUTE] . It is submitted that the co-accused Nanhu Yadav was driving the vehicle when the accident took place, in which three innocent persons have lost their lives. Nanhu Yadav has already been granted bail by the court below. The alternative argument is that at best in the given facts and circumstances of the case, the case would come under [STATUTE] and not under [STATUTE] . The petitioner is in custody since 12.11.2011 and the charge sheet has already been submitted. He has got no criminal antecedent and has got roots in the society is not likely to abscond or tamper with the evidence if released on bail. Be that as it may, considering the nature of involvement of the petitioner, facts and circumstances of the case, he is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Patna High Court Cr.Misc. No.14755 of 2012 (2) dt.09-04-2012 2 / 2 2 Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 229 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 279

Statute Text:
Section 279 of the Indian Penal Code. Driving or riding on a public way so rashly or negligently as to endanger human life, etc. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.