Dear Respected Seniors,
Here goes the scenario.
Person Driving a car after consuming Alcohol. But is with good consious and not under huge influence.
Meet with an accident. Car hit a person on a bike. Bike-Person had serious injuries admitted to hospital.
Police took the following action :
1. breath-analyser report - Report says alcohol consumption exists.
2. Filled FIR - With medical report. No blood test. But report says, smell of alcohol exists.
FIR contains section :
IPC Section 279 - Rash driving or riding on a public way
IPC Section 337 - Causing hurt by act endangering life or personal safety of others.
Motor Vehicle Act Section 185 - Driving by a drunken person or by a person under influence of drugs.
My questions are :
1. Understood that this is a unfortunate event, but how can we move to avoid arrest in a worst condition of death of the bike-person ?
2. What is the next stage after FIR filling ?
3. Is this offence bailable ?
4. If court punishes with a term of 6 months or so, is that bailable ?