Rudal Yadav @ Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43458 of 2018 Arising Out of PS. Case No.-137 Year-2017 Thana- LODIPUR District- Bhagalpur ====================================================== Rudal Yadav @ Pankaj Yadav, Son of Late Ganesh Prasad Yadav, Resident of Village- Naya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indeshwari Prasad Mandal For the Opposite Party/s :
Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Lodipur P.S. Case No. 137 of 2017 registered for offences under sections 302, 120B and 34 of the Indian Penal Code.
The prosecution story in short is that on 1.10.2017, the Moharram procession was on movement, when the procession reached near Choudhary Tola More, suddenly a live wire carrying 11000 volt fell on few members of the procession leading to death of Md. Kamran and Md. Anzarul and also caused grievous injuries to altogether 11 persons. Allegation has been made that as per system and also on direction of the administration, the wire was required to
Patna High Court Cr.Misc. No.43458 of 2018(2) dt.20-07-2018 2/2 be de-energized but, to cause loss to the community, the wire was kept alive led to death of two persons.
The petitioner is one of the staffs of the Power Distribution Company who has been made accused in the present case.
Looking to the entire facts and circumstances of the case, let the petitioner, namely, Rudal Yadav @ Pankaj Yadav, in the event of his arrest or surrender before the court below within a period of four 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 Additional Chief Judicial Magistrate-IV, Bhagalpur in connection with Lodipur P.S. Case No. 137 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T