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Patna High CourtCR. MISC./10604/2020bail granted

Ajay Kumar Pandit @ Ajay Panndit @ Jai Pandit v. The State Of Bihar

2020-06-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10604 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== AJAY KUMAR PANDIT @ AJAY PANNDIT @ JAI PANDIT S/o Baidhnath Pandit R/o village- Sakhi, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Riga Police Station Case No. 336 of 2019, disclosing offence under Section 304 of the Indian Penal Code. The allegation against the petitioner is that on 08.12.2019, at about 08:30 AM, the petitioner came to the house of the informant and called his son, Jitendra Kumar (deceased) for doing some electrification work. It has further been alleged that in the same night, at about 10 PM, the police officials came to the house of the informant and informed that his son died due to electric shock.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that in fact, the petitioner is a petty

Patna High Court CR. MISC. No.10604 of 2020(2) dt.25-06-2020 2/2 contractor engaged in the contract work of electrification. He further submits that on the date of occurrence, the deceased was working on an electric pole and when he was trying to connect the wire, he was electrocuted and fell down on the earth and died. He further submits that the petitioner was not negligent and the death of the victim took place due to accidental electrocution.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the deceased died in course of electrification work, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga Police Station Case No. 336 of 2019, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √