Ram Naresh Singh @ Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23360 of 2016 Arising Out of PS.Case No. -428 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Ram Naresh Singh @ Naresh Singh S/o- Late Ram Briksh Singh, resident of village- Patnawan (Kala), P.S.- Indrapuri, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Hirday Pd. Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in jail custody since 22.02.2016 in connection with Dehri (Indrapuri) P.S. Case No. 428 of 2015 registered for the offences punishable under Section 304A of the Indian Penal Code.

The prosecution case, in brief, is that father of the informant had gone to his field and when his father did not return for a long time, informant went in search of his father and found that he was lying dead on 440 volt of electric wire. It has been submitted by the counsel for the petitioner that petitioner is innocent and has not been named in the First Information Report by the informant, who stated that his father died due to electrocution. During investigation, it transpired that

Patna High Court Cr.Misc. No.23360 of 2016 (2) dt.26-05-2016 2/2 the petitioner was committing theft of electricity by utilizing 440 volt live wire and the deceased came in contact with 440 volt of electric wire and died. He further submits that there is no eyewitness to the alleged occurrence. However, learned A.P.P. for the State submits that although petitioner is not named in the First Information Report, but during investigation his name surfaced, hence, opposes the prayer for bail.

Be that as it may, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri, Sasaram in connection with Dehri (Indrapuri) P.S. Case No. 428 of 2015, subject to the condition that petitioner will make himself available before the learned Court below as and when required and his failure to appear before the learned Court below on two consecutive dates without any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T