Vijay Kumar @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17898 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

Vijay Kumar @ Vijay Ray, aged about 35 years (Male), S/O Jay Prasad Ray R/O Village-Gopalpur, P.S-Mahua, District-Vaishali 2.

Dharmendra Paswan, aged about 36 years (Male), S/O Devendra Paswan R/O Village-Gopalpur, P.S-Mahua, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Jha, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2022 Heard Mr. Sandip Jha, learned advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mahua P.S. Case No. 51 of 2020 dated 01.02.2020 instituted for the offences under Sections 304/34 of the Indian Penal Code.

At the instance of the petitioners and one Md. Mozim, the deceased was making repairs in electric connection after climbing the electric pole. However, in the meantime, the electric connection was restored and as a result of that, he got electrocuted.

Patna High Court CR. MISC. No.17898 of 2021(2) dt.10-03-2022 2/2 The petitioners are also electricians who had accompanied Md. Mozim, the Area Mechanic of the Electricity Department along with the deceased. The petitioners are working for the Electricity Department on contract basis in their private capacity. There does not appear to be any negligence on the part of the petitioners which has caused the death of the deceased. The petitioners also could have been the victim of such mishap.

Regard being had to the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 51 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T