Yogendra Sah @ Laddu Lal Sah @ Yogendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20992 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- MAHESI District- East Champaran ====================================================== Yogendra Sah @ Laddu Lal Sah @ Yogendra Prasad Gupta, Son Of Duryodhan Sah Resident Of Village - Raja Bakhri, P.S.- Mehsi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mehsi P.S. Case no. 376 of 2020 instituted for the offence punishable under Section 304 of the Indian Penal Code. The prosecution case in nutshell is that on 11.12.2020 the informant's son alongwith other boy had gone to play near Hanuman temple with another boy Pawan Kumar. Thereafter, at about 2.00 pm the informant heard that two boys became injured due to electric wire in the vegetable field of this petitioner. The informant's son was brought to Primary Health Centre, Mehsi, where the doctor declared her son as dead and

Patna High Court CR. MISC. No.20992 of 2021(2) dt.21-12-2021 2/3 another boy Pawan Kumar was treated there.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that the electricity department has supplied the electric connection to this petitioner in his water boring for agriculture purpose through bamboo and on the date of occurrence some animal jumped over the bamboo, which was broken and electric wire fell on the ground and without any knowledge the informant's son went there and aforesaid accident took place and there is no mistake on the part of this petitioner.

Learned APP as well as learned counsel for the respondent have opposed the prayer of bail.

Having heard learned counsel for the parties and the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mehsi P.S. Case No. 376 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East

Patna High Court CR. MISC. No.20992 of 2021(2) dt.21-12-2021 3/3 Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) khushbu/- U T