IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39823 of 2009 PURSHOTAM SHARMA @ PURUSHOTAM SHARMA Versus STATE OF BIHAR with Cr.Misc. No.34347 of 2009 MUNNA KUMAR Versus THE STATE OF BIHAR with Cr.Misc. No.32016 of 2009 KRISHNA MOHAN MAHTO Versus THE STATE OF BIHAR ----------- 2 17.2.2010 Heard learned counsel for the parties. Incomplete under constructed wall of drainage fell on deceased child for which it is said that due to use of inferior material and construction not upto mark only wall fell down while it was raining. If really accepted the offence which is constituted is otherwise serious and investigation has not been conducted to that corner which could lead to misappropriation of fund allotted for the scheme but directly fixing liability to kill is not justified for rejection of anticipatory bail. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on 2 furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in Lalganj P. S. Case No. 137/09, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)