Pankaj Mahto @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4452 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== PANKAJ MAHTO @ PANKAJ KUMAR S/O Dhanpat Mahto R/O VillageShivnagar Ward No- 14, P.S- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304 of the Indian Penal Code.

Allegedly, the informant's husband was died due to electrocution at petitioner's shop.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that neither the petitioner was present at the place of occurrence nor he has any

Patna High Court CR. MISC. No.4452 of 2023(2) dt.06-04-2023 2/2 concern with the death of the informant's husband. Petitioner has not electrocuted his shop. It is further submitted that no case under Section 304 of IPC is made out against the petitioner. There is no eye-witness in this case. Only on suspicion, the petitioner has been made accused in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bakhri P.S. Case No. 326 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T