IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5675 of 2011 1. Krishna Singh @ Krishna Kumar Singh, son of Late Babandeo Singh. 2. Mohan Singh, son of Late Babandeo Singh. 3. Satish Singh @ Satish Kumar Singh, son of Mohan Singh. 4. Sanjiv Singh @ Sanjiv Kumar Singh, son of Mohan Singh. 5. Pintu Singh @ Pintu Kumar Singh, son of Mohan Singh. All residents of Village-Babu Chaukhara, P.S. Madanpur, District- Aurangabad. 6. Madan Singh @ Madan Kumar Singh, son of Rajendra Singh, resident of Village- Basatpur, P.S. Madanpur, District- Aurangabad……………………..………..Petitioners. Versus THE STATE OF BIHAR………………………………………………..Opposite Party. ----------- 4. 09.05.2011. Heard the learned counsels for the petitioners, informant and Mr. Dashrath Mehta learned A.P.P. for the State. The petitioners are apprehending their arrest in a case registered under Sections 323, 325, 307, 302, 427 and 120(B) of the Indian Penal Code. The accusation against the petitioners is that petitioner no.1 Krishna Singh intentionally dashed the Maruti Van of the informant while driving the truck as a result of which the informant and others sustained injuries while Sinesh Kumar and Kushboo Kumari being son and niece of the informant succumbed to injuries. It is alleged against others that they were sitting in the truck. 2 It is submitted by the learned counsel for the petitioners that both sides are on litigating terms from before and the petitioners’ side lodged a case against the informant, hence, on suspicion the case has been lodged against the petitioners. During investigation it has come that Krishna Singh had no skill to drive truck. Moreover, one Gautam Tiwari claimed to had been driving the truck and accidentally he dashed the alleged Maruti Van. One Eqbal Khan has claimed the truck in question and has filed a petition for release of the said truck. The whole family of petitioners have been implicated. Learned counsel for the informant submits that on the alleged date of occurrence i.e., on 04.07.2008 the petitioners’ side had to execute bond in proceedings under Sections 107, 144 and 145 Cr. P. C. when deliberately the Maruti Van of the informant was dashed. Moreover, it has come during investigation that the petitioners’ side tampered with the registration number, Engine number and Chassis number of the vehicle in question 3 and it was not a case of accident rather the Maruti Van was intentionally dashed. Moreover, there is no person named Gautam Tiwari in the area who claimed to had been driving the truck. The submission of the learned counsel for the petitioners is that the investigation is still pending and this contention of the petitioners has not been controverted by the learned counsel appearing for the informant. Considering the aforesaid facts and the fact that since the specific accusation is against Krishna Singh(petitioner no.1) let the learned court below pass the appropriate order for release of petitioner no.1 while considering the regular bail of petitioner no.1 if he surrenders and prays for regular bail within a period of four weeks from today keeping in mind that the investigation is still pending and the investigating agency is still suspicious about the accusation of petitioner no.1. So far as petitioner nos. 2 to 6 are concerned, there is no specific accusation against them of driving of the vehicle in 4 question, let the petitioner nos. 2 to 6, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Madanpur P.S. Case No. 108 of 2008 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad District- Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)