IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45511 of 2008 1.HEFAZ MIAN @ HEFAZUDDIN S/O-Khan Saheb 2.VINOD SAH @ VINOD KUMAR SAH S/O-Sita Ram Sah 3.MUMTAZ ALAM Late Sagiruddin 4.RAJ KUMAR SAH S/O-Late Jiya Lal Sah 5.SUBHASH KUMAR SAH S/O-Vinod Sah All are R/O-Village-Sikty, P.S.-Sikty, District-Araria 6.IMTIYAZ @ MD. IMTIYAZ S/O-Md. Jalil 7.SALAUDDIN S/O-Aitwaari Moulvi Both R/O-Village-Bholani, P.S.-Sikty, District-Araria. …………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 2/ 23.01.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. Petitioners apprehend their arrest in a case in which cognizance has been taken under Sections 304, 120-B, 147 of the Indian Penal Code on the basis of a protest petition filed by Abdul Kayum. Earlier a police case was filed vide Sikty P.S. Case No. 302/120(B) that was investigated and supervised by Dy. S.P. and S.P. Dy. S.P. found the case to be a mistake of fact. The S.P. was also agreed with the view of the Dy. S.P. and accordingly found the petitioners to be innocent. Final form was submitted and it was accepted. But on the basis of protest the name of petitioners has come. It has been submitted that it was a - 2 - dense fog so an accident occurred which led to death. Considering the facts and circumstances of the case, the petitioners Hefaz Mian @ Hefazuddin, Vinod Sah @ Vinod Kumar Sah, Mumtaz Alam, Raj Kumar Sah, Subhash Kumar Sah, Imtiyaz @ Md. Imtiyaz and Salauddin are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Complaint Case No. 1445 C of 2008, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)