Gopal Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56710 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -CHANDAN District- BANKA ====================================================== Gopal Modi, Son of late Bhola Modi, Resident of Village-Supaha, P.S. Katoria, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Chandan PS Case no. 136 of 2017 registered for the offences punishable under Sections 304, 201 of the Indian Penal Code. The case of the prosecution is that when the electric pole was being installed and the husband of the informant was working as a labourer, he came in contact with the live electricity wire and got electrocuted and died thereafter. It has been alleged that the petitioner is a contractor and he was responsible for taking shutdown.

The learned counsel for the petitioner submits that at best the present case can be a case of negligence, however, it is not a case

Patna High Court Cr.Misc. No.56710 of 2017 (3) dt.12-01-2018 2/2 under Section 304 of the Indian Penal code. It is further submitted that the deceased has been electrocuted on account of coming in contact with live electricity wire. However, the petitioner had not premeditated regarding such electrocution and had no role to play in the said electrocution. It is further submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Chandan (Anandpur) PS case no. 136 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T