IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22584 of 2008 MANOJ YADAV Versus STATE OF BIHAR ----------- 3. 16.7.2008 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard the learned Advocate of the petitioner as well as the learned A.P.P. for the State. This anticipatory bail petition has been filed on behalf of the petitioner Manoj Yadav, who is an accused in a case instituted under Sections 440, 304, 120B, 201/34 of the Indian Penal Code and Sections 33, 41 and 42 of the Indian Forest Act, 1927 and Section ¾ of the Explosive Substances Act. It has been submitted by the learned Advocate of the petitioner that the petitioner is a lessee for mining lease for crushing stone whereas deceased Shankar Rajbansi and others were working under him and due to accidental collapse of mines, the deceased sustained injuries and died. The learned Advocate of the petitioner submitted that at the time of death, the deceased was aged about 19 years and in support of his age, the petitioner has filed school leaving certificate of the deceased (Annexure-10) according to which his date of birth was 20.1.1989. He further submitted that he has also annexed the job card issued from the office of the District Rural Development Agency, Nawada under the scheme of Gramin Rojgar Guarantee Yojna according to which the age of deceased Shankar Rajbansi was shown as 19 years. The learned Advocate submitted that since the death of the deceased was caused due to accidental collapse of mines, at best section 304 A of the I.P.C. will be applicable in this case. The learned A.P.P. also concedes that Section 304 A of the I.P.C. is applicable in this case on the basis of the allegations leveled in the first information report. Considering the fact that the collapse of mines was accidental due to which deceased Shankar Rajbansi sustained injuries and died, as such, I am of the view that Section 304 A of the I.P.C. is made out which is bailable. Accordingly, petitioner (Manoj Yadav), in the event of his arrest or surrender before the court below within three weeks from today, is ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No.23/2008 with direction to the petitioner that he shall pay proper compensation to the heirs of Shankar Rajbansi. BT (Syed Md. Mahfooz Alam, J)