Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11875 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

Alok Kumar Son of Niranjan Singh Resident of Madhrapur, Ward No. -25, P.S.- Teghra, District- Begusarai 2.

Ranjit Sharma Son of Shishupal Sharma Resident of New Defence Colony, Shahpur, P.S.- Shahpur, District- Patna 3.

Saurabh Kumar Son of Sumangal Ram Resident of Takiyapar (Digha Diyara), P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioners : Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar I, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Shahpur P.S. Case No. 364 of 2019 registered under section 304 of the Indian Penal Code.

As per allegation in the FIR, son of the informant who was working in the construction work being carried out by the three petitioners, as a result of negligence, slipped and fell from the fourth storey of the building under construction and died. It is submitted by learned counsel for the petitioners that there is no specific allegation against the petitioners, who were partners in a private enterprise. It is submitted that the son of the informant was not assigned any work, for the purpose of

Patna High Court CR. MISC. No.11875 of 2020(3) dt.26-08-2020 2/2 which he had to go on the construction part of the site. It is submitted that from the facts stated in the FIR, as also the materials which have come in course of investigation, it would at best be a case under section 304A of the Indian Penal Code. The petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the submissions made on behalf of the petitioners and the allegations levelled, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Shahpur P.S. Case No. 364 of 2019, they shall be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T