Kishori Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28396 of 2022 Arising Out of PS. Case No.-365 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== KISHORI SAH Son of Late Channu Sah Resident of Village - Ramnagar Bairiya, P.s.- Nautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304 and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that his son had gone in the morning to ease himself in the agricultural land of the petitioner where he died as a result of electrocution from a live wire which had fallen down in the field.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the narration in the FIR itself, it is clear that neither the petitioner was responsible for the incidence/occurrence nor can he be in any manner prosecuted for the same. He is in custody

Patna High Court CR. MISC. No.28396 of 2022(3) dt.16-01-2023 2/2 since 17.10.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations in the FIR together with the petitioner not having any criminal antecedent, having remained in custody for more than 1 year 2 months since 17.10.2021 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Nautan P.S. Case no. 365 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran.

(Partha Sarthy, J) Bibhash/- U