IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32188 of 2010 GORAKH SAO Versus STATE OF BIHAR ----------- 3/ 03.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. Deceased received injuries while traveling on Tata Maxi-407 with petitioner and another. Finding sign of injury on neck has been made basis for involving petitioner. Submission of the learned counsel for the petitioner is that it was a simple case of accident. Deceased was co-vegetable vendor. After the accident, the same was informed by this petitioner to deceased’s father, who admitted the deceased to Rejeshwar Hospital near about after a week, he succumbed to injuries. Final form submitted in the case exonerating petitioner and co-accused, Sanju Rajak. Cognizance is taken basing suspicion only, which never can justify petitioner’s arrest at the moment. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Masaurhi P.S. 2 Case No. 213 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Masaurhi, Patna subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)