IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3726 of 2011 MANOJ KUMAR,son of Manohar Prasad Saha. Versus THE STATE OF BIHAR ----------- 2. 14.03.2011 The petitioner is apprehending his arrest in case initially registered under Section 379 and 304 of the Indian Penal Code though Section 302 of the Indian Penal Code was later on added. It is alleged that some unknown truck driver dashed a Maruti Car, as a result of which, one person died in the Maruti Car. Subsequently the name of the petitioner has surfaced on the basis of statement under Section 164 Cr.P.C. of the deceased’s wife that it was the petitioner who claimed to have killed the deceased. It is submitted by the learned counsel for the petitioner that the petitioner is a 50 per cent handicapped and cannot drive. Moreover, the deceased’s wife has subsequently retracted from her statement under Section 164 of the Cr.P.C. The impugned order suggests that the bail of the petitioner has been rejected only on the basis of statement under Section 164 but it does not suggests that there is any material to the effect that the petitioner was actually driving the truck. Considering the aforesaid facts and circumstances of the case, let the petitioner, named above, in the event of his arrest/surrender before the court below within a period of 12 weeks from today be released on anticipatory bail on 2 furbishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Munger, in Dharhara P.S. Case No. 125 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Ravi/- (Dinesh Kumar Singh)