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Patna High CourtCR. MISC./31127/2021allowed

Sanjay Singh v. The State Of Bihar

2022-02-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31127 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== Sanjay Singh Son of Late Dharmraj Singh Resident of Village - Lahang Dumariya, P.S.- Bihiya, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Rakesh Singh, Adv.

For the Opposite Party/s :

Mr. Mithilesh Kr. Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2022 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304/34 of the Indian Penal Code.

Son of the informant died due to electrocution since the power was supplied in bare wire.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is no direct or indirect evidence against the petitioner. He submits that deceased died due to current during repairing of the electric connection in his house but he named the petitioner due to some dispute taken place earlier on the point of grazing crops of

Patna High Court CR. MISC. No.31127 of 2021(3) dt.21-02-2022 2/2 petitioner by cattle of the informant. He submits that witnesses have stated that the occurrence took place at the field of Vidya Mahto but the place of occurrence as mentioned in para-6 of the case diary discloses that the fields of Sanjay Singh and Vidya Mahto are adjacent to each other having open wire fencing on which electricity was supplied from the boring of Surendra Singh. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihiya P.S. Case No. 433 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T