IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16487 of 2009 1. RAJENDRA PRASAD GUPTA 2. Dipak Kumar @ Dipak Gupta 3. Prakash Gupta @ Pragas Gupta Versus The STATE OF BIHAR ------ 2/ 18.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. In the case, in course of drilling, flowing of electric current in the pipe caused one injury. Victim was taken to Varanasi but was left there without taking proper care. Allegation is about negligence in taking work from him and thereafter, leaving to Varanasi without taking proper care there. Submission of the learned counsel for the petitioner is that victim is alive, even then cognizance is taken for the offence under Section 304A of I.P.C. In that also petitioners have no part to play, if any, cognizance was there but in any case, their arrest at the moment cannot be justified. I agree with the submission of the learned counsel for the petitioners. Accordingly, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 741 of 1998, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri B.K. Malviya, Judicial Magistrate, Ist Class, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)