IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1538 of 2009 VIJAY KUMAR son of Sri Shyam Nandan Prasad, resident of Mohall- North Mandiri, P.S.-Budha Colony, Dist.-Patna. Versus STATE OF BIHAR ----------- 2. 19.2.2009. Heard learned counsel for the petitioner and the State. The petitioner is sole named accused of a case which has been registered under sections 304 of the Indian Penal Code. Santosh Kumar was domestic servant of Mithilesh Kumar and Dr.Kusum Sinha. On 30th September, 2008 Santosh Kumar took out a rifle of his master and started joking at the petitioner. While he was snatching the rifle, the bullet passed and hit on the chest of Santosh Kumar. Submission is that the case has not come within the purview of section 304 of the Indian Penal Code rather it has come within the purview of section 304A of the Indian Penal Code which is bailable. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Patna in connection with Budha Colony P.S.Case No.221 of 2008. Md.S. (Shyam Kishore Sharma,J.)