Guddu Kumar @ Sashi Bhushan Prasad @ Sashi Bhushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42629 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Kumar @ Sashi Bhushan Prasad @ Sashi Bhushan Kumar, Son of Saryu Prasad, Resident of Village- Pura, Police Station- Telhara, DistrictNalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Electricity Board, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Telhara P.S. Case No. 55 of 2017 instituted for the offence under Section-304 of the Indian Penal Code.

It is alleged in the written report that the mechanic of the Electricity Department informed the informant that the petitioner has put the wire surrounding his land and due to current, one girl died and another has been referred to PMCH.

Counsel for the petitioner has submitted that in fact, the electric wire has fallen on the land of this petitioner and this informant who is Junior Engineer, Electricity Department, just to save his skin has lodged this false case making allegation that the petitioner has put the wire in the land.

Patna High Court Cr.Misc. No.42629 of 2017 (3) dt.09-10-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Telhara P.S. Case No. 55 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T