AB 3096/2011 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY Heard Mr. M.Phukan, learned counsel for the petitioner. Also heard Mr.A.K.Sar kar, learned standing counsel, N.F.Railway who has produced the connected case d iary. It is submitted by Mr. Phukan, learned counsel that the alleged incident occurre d at the open railway crossing gate at Changsari while the truck was driven by t he accused petitioner who tried to avoid collision with a passenger bus coming f rom opposite direction.There was no negligence on the part of the accused-petiti oner/driver. The accused petitioner as submitted by Mr.Phukan is agreeable to m ake good of the loss caused to the Railway. Mr. Sarkar, learned standing counsel, N.F. Railway submits that the department i s not intending to get the accused/petitioner arrested if the petitioner mak es good of the loss suffered by the Railway within a period of 10(ten) days fr om today. In view of the above, it is directed that in the event of arrest of the petitio ner, Md.Mustakur Rahman, in connection with RPF/Post/Rly Case no.21/11 u/ss 154 and 160 of the Railways Act, 1989, he shall be released on bail on furnishing b ail bond of Rs.10,000/- with one local surety of the like amount to the satisfac tion of the arresting authority subject to condition u/s 438(2) of the Cr.P.C. With the aforesaid directions bail application stands disposed of.