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Patna High CourtCR. MISC./5862/2023allowed

Kumar Hitesh Ranjan @ @ Hitesh Ranjan @ Pappu Sharma v. The State Of Bihar

2023-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5862 of 2023 Arising Out of PS. Case No.-649 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

KUMAR HITESH RANJAN @ @ HITESH RANJAN @ PAPPU SHARMA Son of Pramod Kumar Sharma @ Mohan Sharma R/v- Goga, P.S.- Wazirganj, District- Gaya 2.

PRAMOD KUMAR SHARMA @ MOHAN SHARMA Son of Basant Sharma R/v- Goga, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304/34 of the Indian Penal Code pending in the learned court below. As per the prosecution case, the victim was a majdoor and during the construction work his hand touched in electric wire of 33000 volt due to which he died on the spot. It has been alleged that on refusal to work saying that 33000 volt wire has passed over there but petitioner coerced him in the name of payments and building material.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No. 5862 of 2023(2) dt.10-04-2023 2/2 case. He further submits that petitioners were not present on the spot at the time of the occurrence. He further submits that when the villagers and informant blocked the road, the police and other block official came and granted cheque of Rs. 25,000/- and send the dead body for post-mortem. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Mufassil P.S. Case No.649 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T