IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1160 of 2007 SUMIT KUMAR Versus THE STATE OF BIHAR & ANR ----------- 4 5.5.2009 The petitioner has moved this Court against the order dated 7.7.2007, passed in Sitamarhi P.S. Case No.64/06, whereby cognizance has been taken under sections 279 and 304(A) of the I.P.C. and summons had been issued to him along with Binod Kumar to face the trial. A negligent driving killed two persons.The informant stated that this petitioner was sitting in van and Binod Kumar was driving the Maruti Van.. Learned counsel submits that it would appear from the case diary that all the witnesses have stated that it was Binod Kumar who was driving the car. Having considered the case, I am not inclined to interfere with the order taking cognizance. However, it will be open to the petitioner to take all the points at the time of framing of charge. With the aforesaid observation this application is dismissed. Anilkrsinha (Samarendra Pratap Singh, J.)