IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4890 of 2011 PRABHU DAYAL SAGAR @ SAGAR YADAV Versus THE STATE OF BIHAR ----------- 02. 24.03.2011 The petitioner is apprehending his arrest in a case registered under Sections 304/34 of the I.P.C. It is alleged that ten years old boy fell down in a ditch filled with water and subsequently died. It is alleged that excavation work of the earth was done near Purabsarai Railway Station but due to the negligence of the contractor the ditch was not fenced. It is alleged that the petitioner was also working as a contractor but it appears that the agreement was with one Lachhungupta, and the petitioner is a constable and was on duty on the date of occurrence. Moreover, the sub-contractor has been granted bail by the learned court- below. It is surprising that the main contractor who executed the agreement has not been made accused in the present case. Since the sub-contractor has been granted bail by the learned court-below, let the petitioner, Prabhu Dayal Sagar @ Sagar Yadav, in the event of his arrest or surrender before the Court-below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Naya Ram Nagar P.S. 2 Case No. 173 of 2010 subject to condition laid down under Section 438 (2) of the Cr.P.C. Let the S.P., Munger supervise the case and see as to how the contractor has not been made accused till date with whom the agreement was executed. Mkr. ( Dinesh Kumar Singh, J.)