IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18439 of 2011 Yamuna Singh Yadav And Anr. Versus The State Of Bihar ----------- 3. 28.06.2011. Heard the learned counsel for the petitioners and Mr. Dashrath Mehta, learned A.P.P. for the State. The petitioners are apprehending their arrest in complaint case in which cognizance has been taken under Section 302/34 of the Indian Penal Code. The case was initially registered on 09.07.2003 by the Choukidar stating therein that he saw one motor cyclist being crushed by a truck. He could not identify the registration number of the truck which resulted into lodging of the case under Section 279/304(A) of the I.P.C. against unknown. After investigation, final form was submitted on 31.12.2008 against the driver of the truck. Though the truck could not be located. Hence, the case was found true with observation as no clue. It appears that protest petition was filed by father of the victim in 2010 which was numbered as complaint case no. 260 2 of 2010 claiming that the Choukidar was made the informant though the complainant was eye witness but he was not made informant of this case. On the basis of protest the enquiry was conducted and cognizance has been taken in the matter. Considering the fact that the complainant has ventilated his grievance after seven years of occurrence through the complainant and police found the accusation false during investigation, let the petitioners, Yamuna Singh Yadav and Kallu Mian, 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 complaint case no. 260 of 2010 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 Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)