Sanjay Singh @ Pappu Singh @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 20549 of 2017 Arising out of P.S. Case No.-5 Year-2017 Thana- HATHAURI District- Muzaffarpur =============================================== Sanjay Singh @ Pappu Singh @ Sanjay Kumar Singh Son of Sri Janak Kishore Singh, Resident of Village- Bhadai, P.S. Hathauri, District Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s =============================================== Appearance :
For the Petitioner/s : Mr. A.K. Thakur, Adv. : Mr. Ravi Ranjan, Adv.
For the Opposite Party/s: Mr. Shantanu Kumar, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 304 of the Indian Penal Code.
As per allegation, the petitioner died of electric shock due to reason that the accused persons had fenced their agriculture field with naked electrical wire. The son of the informant touched that and died. As per the seizure-list, one thousand metre iron naked wire of 22 gauge were recovered from the agricultural field.
However, it is contended on behalf of the petitioner that informant cannot be considered as eyewitness
Patna High Court Cr.Misc. No.20549 of 2017(4) dt.19-09-2017 2/2 and, in fact, nobody has seen the occurrence. It has come in the postmortem report that the deceased died of injury caused by hard and blunt substance. In such a situation, it is contended that the allegation stands falsified that the deceased died due to electric shock rather the petitioner has falsely been implicated in this matter.
Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Hathauri P.S. Case No. 5/2017, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub Judge-X-cum-Additional Chief Judicial Magistrate, Muzaffarpur or his successor subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) Vikash/- U T