IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29474 of 2011 Chandan Mahto @ Chandan Kumar, S/o Binod Mahto, resident of village- Jainagar, P.S.-Sonbarsa, District-Sitamarhi. ………….Petitioner. Versus The State of Bihar ………….Opp. Parties. ----------- 2 27.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that witnesses in paragraph nos. 5, 6 & 7 of the case diary have stated that the deceased died in accident by a tractor, being driven by the petitioner and during supervision the S.D.P.O. has found the case true under Sections 279, 304(A) of the IPC. Thus, it is submitted that in no case the offence under section 302 IPC would be attracted. Considering the facts and circumstances of the case, let the petitioner, namely Chandan Mahto @ Chandan Kumar in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 02 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)