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Patna High CourtCR. MISC./32943/2022allowed

Sukesh Mahto v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32943 of 2022 Arising Out of PS. Case No.-253 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Sukesh Mahto Son Of Late Sita Mahto Resident Of Village- Mahanandpur, P.S.- Deepnagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP For the Informant :

Mr. Dhaneshwar Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 304 of the Indian Penal Code.

Allegedly, it is a case of culpable homeside and the allegation against the petitioner is that he surrounded his field by naked electric wire due to which the deceased Binod Kumar succumbed to the electrocution.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that respective counsel of both parties have asserted that good sense has prevailed between the parties and

Patna High Court CR. MISC. No.32943 of 2022(3) dt.13-12-2022 2/2 the wife of the deceased has been given compensation and at this juncture, a compromise petition is annexed vide Annexure-2 to the present petition. Petitioner has clean antecedent. Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 253 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T