Rajesh Sah @Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37142 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- DAWATH District- Rohtas ====================================================== Rajesh Sah @Rajesh Kumar Sah SON OF PRAM SAH VILLAGERUPASAGAR, PS- NAWA NAGAR, DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304 of the Indian Penal Code.

3. Allegedly, the deceased, who is father of the informant, died due to electric shock due to negligence of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no intention to cause any harm to the informant's father. Hence,

Patna High Court CR. MISC. No.37142 of 2024(2) dt.26-06-2024 2/2 Section 304 of the IPC is not made out against him. Petitioner has not taken any illegal connection of the electricity. Nobody has seen that the electric wire used by the petitioner has fallen upon the body of the deceased. He has been made accused in the present case merely on suspicion. It is further submitted that there is compromise between the parties and the compromise petition is on record. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is compromise between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dawath P.S. Case No. 188 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T