IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20207 of 2011 1.Akhilesh Kumar @ Akhilesh Babu, Son of Kapil Deo Chaudhary, Resident of Village Chaksai, P.O. Hajrat Sai, P.S. Dhanarua, District Patna. 2.Goutam Kumar @ Goutam Babu, Son of Arbind Kumar Singh, Resident of Village Rajendra Nagar, P.O. Madhubani, P.S. Kehat, District Purnia. ---------- Petitioners Versus The State Of Bihar -------- Opposite Party ---------------- 03/- 16.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph nos. 115 dated 24.07.2011. The two petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 288, 304, 308/34 of the Indian Penal Code, are named accused in this case of collapse of wall under construction taking life of some of the laborers and causing several persons injured. Petitioners are employees of railway and authorized to supervise the work. Further, allegation is that in spite of information given about use of materials not at prescribed rate and quality, they paid no heed. Submission is that report from Forensic Science Laboratory indicates that quality of materials used as per prescribed rate and no inferiority was found. It is also submitted that it was in fact a careless act of some laborers engaged, who remove the centering prematurely causing collapse of wall during construction at upper floor. The investigation is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Bhagalpur G.R.P.S. Case No. 27 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)