Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42875 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -INARWA DistrictWESTCHAMPARAN (BETTIAH) =====================================

1. Randhir Kumar, Son of Sakaldeo Chaurasia, Resident of Village-Harinagar, Police Station-Gogri, District-Khagariya, at Present posted as Station Button Operator Power Sub Station Mainatang. P.S.-Mainatand, West Champaran, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Krishna Pd. Singh, Sr. Adv. Mr. Sachindra Kr. Tiwari, Adv.

For the Opposite Party/s :Mr. C.S. Pd. Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Inarwa P.S. Case No. 61 of 2016, disclosing offences under Sections 302 and 120(B) of the Indian Penal Code.

It is alleged that the deceased was a private mechanic and used to do work as assigned by the Electricity Board for last 10 years. On the fateful day, the deceased

Patna High Court Cr.Misc. No.42875 of 2016 (2) dt.21-10-2016 2/3 had gone to repair a transformer and while he was in process of repairing it, the petitioner, who was on duty at Sub-Station Mainatand, switched on the line because of which the deceased died of electrocution.

Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that no offence, under Section 302 of the Indian Penal Code, is made out against the petitioner on the basis of allegation made in the First Information Report. He has also submitted that an incorrect allegation has been made in the First Information Report that the deceased was authorized by the Bihar State Electricity Board to get the work done.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 61 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as

Patna High Court Cr.Misc. No.42875 of 2016 (2) dt.21-10-2016 3/3 the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T