IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5227 of 2010 BHAWANI RAWANI, S/o. Sarju Rawani, r/o. Village- Armita, P.S. Sudamdih, Distt. Dhanbad. Versus THE STATE OF BIHAR ----------- 02. 23.03.2010 Heard. The petitioner, who is stated to be an Assistant Driver under Railways, apprehends arrest in Gaya Rail P.S. Case No.57 of 2008 under Sections 279, 337, 338, 287 & 427 of the I.P.C. and Section 151 of Railways Act. The allegation is that the petitioner along with one driver of railway engine dashed from behind in the brake van of train No.2802 at 3.30 P.M. at Gurua Station when the train was standing there. Due to the collision the informant who happened to be the guard of the train was thrown out and he received injuries and he was sent to hospital where he gave his fardbeyan. Learned counsel for the petitioner submits that so far the allegation of causing injury to the informant as a result of collision is concerned, it will fall under Section 338 of I.P.C. and that all the 2 sections of the I.P.C. as mentioned in the F.I.R. are bailable. Learned counsel also submits that Section 151 of the Railway Act provides about penalty for causing destruction to railway property including railway wagons. Further submission is that the informant has taken all cares and that the accident was as a result of chance beyond his control. It is also submitted that the petitioner is a permanent railway employee and there is no chance of any absconding. In the facts and circumstances petitioner Bhawani Rawani is admitted anticipatory bail. In the event of his surrender/arrest within two weeks from today, the petitioner is released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Rail Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 57 of 2008. Mkr. (C.M. Prasad, J.)