IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47010 of 2007 BALIRAM SINGH Versus THE STATE OF BIHAR ----------- 3/ 30/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 20.11.2006 in Chanari P.S. Case No.4/06 corresponding to G.R. No.26/06/T.R. No.2929/06 under Sections-279 and 304A of I.P.C., stated to be pending before the court of the Sub-divisional Judicial Magistrate at Rohtas at Sasaram. Learned counsel for the petitioner submits that both, the F.I.R. and the police investigation, are to the effect that the vehicle was being driven by one Pappu Kumar who is stated to be the driver, who committed the accident. Even if the allegations be correct, the petitioner was only sitting in the vehicle. There are no allegations, whatsoever, against him of having committed the accident by rash or negligent act endangering human life. Section-279 of I.P.C. applies to the person who drives any vehicle. The term ‘rider’ relates to a person riding a two-wheeler and cannot include a person merely sitting in a vehicle being driven by another who is already covered by the first part of 2 the Section. Likewise, Section-304A again relates to the act of a person who caused the death by rash or negligent act. The act has to be of that person who caused the death. Learned counsel for the State opposes the application to submit that the petitioner was the owner of the vehicle. The liability of the owner of a vehicle under the civil laws cannot be transported into the criminal law. In the facts and circumstances of the case and upon consideration of the materials as aforesaid with regard to the applicability of Section-279 and 304A of I.P.C. against the petitioner, this Court holds that the order of cognizance 20.11.2006 and the entire proceedings in Chanari P.S. Case No.4/06 corresponding to G.R. No.26/06/T.R. No.2929/06 stated to be pending before the court of the Sub- divisional Judicial Magistrate, Rohtas at Sasaram, insofar as the petitioner is concerned, are vitiated and stand quashed with regard to him alone. The application stands allowed. KC ( Navin Sinha, J.)