IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21325 of 2011 Kapileshwar Jha son of late Hari Kant Jha, resident of Mohalla- 104, Sitaram Ganpati Awas, New Punaichak, Hanuman Nagar, P.S.-Shastri Nagar, Dist.- Patna. Versus The State Of Bihar ----------- 2. 6.7.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No 273 of 2009 registered for the offences under sections 308 and 304/34 of the Indian Penal Code. As per prosecution story, the informant being Assistant Sub.Inspector of Police with other officials was deputed to maintain law and order on the eve of Anant Chaturdasi Mela at Baba Sidh Nath Mandir, Barabr Hill, on 2.9.2009 and due to heavy rush of pilgrims, the railing of stair at Barabar Hill was broken as a result whereof forty five persons sustained injuries and three ladies lost their lives. Learned counsel for the petitioner submits that the petitioner was an Executive Engineer, who retired on 31.8.2009. The case was registered on 3.9.2009 but the warrant of arrest against him has been prayed on 16.3.2011. The contractor, who had worked has already been granted anticipatory bail in A.B.P. No.108 of 2010 on 6.5.2010 by the learned Sessions Judge, Jehanabad and the order granting anticipatory bail to the contractor is annexed as annexure-2 to the present petition. Learned counsel for the petitioner also submits that during tenure of the petitioner only repairing was done 2 and no case under sections 308 or 304 of the Indian Penal Code would be made out in the facts and circumstances of the case. Taking into consideration the aforesaid submission as also the fact that the contractor who had been assigned with work to construct railing etc. has already been granted anticipatory bail by the court below itself, let the petitioner, namely, Kapileshwar Jha, in the event of arrest at the hands of the police or surrender before the court below be released on bail on furnishing bail bond of Rs.5,000 (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No.273 of 2009. Md.S. ( Ashwani Kumar Singh, J.)