Mohan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56805 of 2017 Arising Out of PS. Case No.-271 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== Mohan Mahto S/o Late Hawali Mahto R/o Village - Narayanpur, P.S. - Ramnagar, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Learned counsel for the petitioner is permitted to make necessary correction in the name of the father of the petitioner, during course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ramnagar P.S. case no. 271 of 2017 instituted for the offence under Section(s) 304 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the brother of informant died due to electrocution. From the written report, it is apparent that one electric wire had come from the house of this petitioner and on account of electric shock from that wire, the brother of the informant died. In this manner, from the written report itself, it appears that the death has occurred just out of accident. Learned counsel further

Patna High Court Cr.Misc. No.56805 of 2017(3) dt.01-02-2018 2/2 submits that both the parties have compromised the case and compromise petition has been filed in the Court below vide Annexure-2.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ramnagar P.S. case no. 271 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) 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) shyambihari/- U T