IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41936 of 2011 Md.Halim Versus The State Of Bihar ---------------------------------- 2. 13.12.2011 Heard the parties. Petitioner is apprehending his arrest in Awatar Nagar P.S. Case No. 20/2011 for offences under Section 304 of the Indian Penal Code. According to the F.I.R. it appears that the petitioner was a Driver of one Rahul Bus (Mela Rath) having registered No. BR-04G- 7811. It appears from the fardbeyan that one Anand Mohan aged 18 years was returning to bring the medicine met with an accident at Bodha Chapra on N.H. 19 near Jai Hanuman Hotel which caused the death of a young person. Learned counsel for the petitioner states that though case has been registered under Section 304, Indian Penal Code but, at best, it is a case under Section 279 and 304-A of the Indian Penal Code and both sections are bailable. Considering the facts and circumstances and without deciding the issue raised by the petitioner, in the event of arrest or surrender within four weeks from to-day, petitioner, Md. Halim is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in Awatar Nagar P.S. Case No. 20/2011, subject to the condition as laid down under Section 438 (2) Cr. P.C. However, one of the bailers will be close relative of the petitioner and he will co-operate in the investigation and trial. Mkc/ (Shivaji Pandey, J.)