IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30066 of 2009 KAMLESH SINGH S/O-Late Nasib Singh, R/O-Vill/Moh.-Bishunpur, P.S.-Chandi, Dist.-Bhojpur. ……………………………………….Petitioner. Versus THE STATE OF BIHAR .………………………………..Opposite Party. ----------- 2/ 28.08.2009 Heard Mr. Ajit Kumar Singh, learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner is accused of the case which has been registered for the offences under Sections 304/201/34 of the Indian Penal Code. Allegation is that in the evening of 17.06.2009 Deo Badan Singh @ Sadhu went for diesel engine upon which the petitioner has refused to give the machine on account of that Sadhu assaulted the petitioner by brick which caused injury to him, therefore the petitioner pushed Sadhu as a result of which Sadhu fell down and died. Submission is that Section 304 of the Indian Penal Code is not made out at 2 best the case comes under Section 304A of the Indian Penal Code. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate/concerned court, Bhojpur at Arrah in connection with Chandi P.S. Case No.-54 of 2009. kksinha/- ( Shyam Kishore Sharma, J. )