Patna High CourtCR. MISC./42786/2017bail granted

Ram Swaroop Mehta v. The State Of Bihar

2017-09-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42786 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Ram Swaroop Mehta, S/o Late Jageshwar Mehta, Resident of Village - Kunda, P.S. - Mufassil, District - Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

The FIR reveals a case of accidental death due to electrocution. The wire was running to the house of the petitioner. Hence, the petitioner is made accused as live wire was there. Submission of the learned counsel for the petitioner is that he is a bona fide consumer and it is not the duty of the petitioner to get an electric connection to the house from the pole. It is the duty of the officials.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.42786 of 2017 (2) dt.22-09-2017 2 /2 Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, Bihar/successor Court in connection with Muffasil Police Station Case No. 95 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T