IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38580 of 2009 Arun Kumar, Son of Jairam Sharma, Mohalla Bahadurpur Housing Colony, Kankarbagh, P.S. New Agam Kuan, District Patna. -------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 13.11.2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner is facing prosecution for an offence under Section 304/34 of the Indian Penal Code on the basis of an allegation that he too was responsible for the death of a school going child and injuries on the other children of the school on account of defective construction of a wall of a channel, which had collapsed, this Court would hold the petitioner entitled for grant of bail, inasmuch as, his only role was by way of preparing the estimate prior to taking up the execution of the scheme. This Court would in fact find that the petitioner was a Junior Engineer, engaged in Narega Scheme, and the police in course of investigation have collected materials that the person who had verified the work and took its measurement for making payment to the person executing the 2 scheme was another Junior Engineer, namely, Purushottam Sharma. Thus, it is on the basis of the aforementioned fact, which completely distinguishes the case of the petitioner with the aforementioned Purushottam Sharma or the executing agent who had completed the scheme, this Court would direct for release of the petitioner, namely, Arun Kumar on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 137 of 2009. It is, however, made clear that one of the bailors must be either of the parents or wife or son of the petitioner. Rsh (Mihir Kumar Jha, J.)