IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23648 of 2011 Pawan Sah, Son of Sri Shambhu Sah, resident of village-Sahtha, P.S.- Bhagwanpur, District-Vaishali. ……….Petitioner. Versus The State of Bihar ……….Opp. Party. ----------- 2. 20.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with Complaint Case No. 3899 of 2009 registered for the offence under sections 304(B), 201 & 34 of the Indian Penal Code. Initially, the complainant had instituted a police case which was numbered as Bhagwanpur P.S. Case No. 143 of 2008, dated 24.8.2008 under Sections 304 (B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the police had investigated the said case and on conclusion of investigation, submitted a final report, holding the case to be a mistake of fact and the petitioner was not sent up for trial. Learned counsel for the petitioner further submits that a protest petition was filed on behalf of the informant. The learned Magistrate accepted the final report and treated the protest petition as a complaint and after conducting inquiry in terms of Section 202 of the Code of Criminal Procedure process has been issued 2 against the petitioner after taking cognizance of the offence. Learned counsel for the State opposes the prayer for grant of bail. In view of the fact that the police investigated the matter and found the case to be a mistake of fact, let the petitioner, namely Pawan sah in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Complaint Case No. 3899 of 2009. Sanjeet/ (Ashwani Kumar Singh, J.)