IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30076 of 2011 Raj Kumar son of late Bhuneshwar Prasad, Resident of village/Mohalla-Chandani Chowk, Krishna Tola, P.S.-Brahampura, P.O.-M.I.T., District-Muzaffarpur. Versus The State Of Bihar ----------- 2. 8.9.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 379/34 and 171(F) of the Indian Penal Code. As per prosecution case, a Bolero vehicle bearing registration no.BR06 PA 3032 was requisitioned and entrusted to the informant for election duty. Co-accused, Shahid Khan, was the driver of the vehicle. He absconded with the said vehicle without any information to the informant. The petitioner is owner of the said vehicle. It is submitted on behalf of the petitioner that he can not be held liable for the act of the driver. It is also submitted that since the vehicle was registered in his name, he cannot be made accused in a case under section 379 of the Indian Penal Code. Admittedly, the petitioner was not with the vehicle and he cannot be held vicariously liable for any act of omission or commission on the part of his driver. Taking into consideration the aforesaid facts let the petitioner, namely, Raj Kumar in the event of his arrest or surrender before the court below within a period of four weeks from the date 2 of recept/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Kotwali P.S.Case No.435 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)