Umesh Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48163 of 2024 Arising Out of PS. Case No.-207 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Umesh Bin S/O Naresh Bin R/O Village-Rampur, P.S.-Sidhwaliya, DisttGopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Shrivastava For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 304/34 of the Indian Penal Code.
As per allegation in the FIR, co-accused Raanglal Thakur came at the door of the informant and called his grandson, namely, Manish Kumar. It is further alleged that after sometime, co-accused Arvind Thakur, Mithlesh Thakur came at the door of informant by motorcycle and fled away after putting down the
Patna High Court CR. MISC. No.48163 of 2024(2) dt.12-07-2024 2/3 informant's grandson on land. On inspection it was found that informant's grandson was dead.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. After prevailing good sense, compromise has been made between the parties and a compromise has been annexed as Annexure P/3 with this petition. From perusal of the postmortem report, it appears that the cause of death as opined by the doctor is due to Electrocution. The petitioner is not named in the F.I.R. His name sprang up in this case on the basis of statement made by the witness as the deceased died due to electric shock during removing the grinder machine. Moreover, the petitioner is languishing in judicial custody since 01.02.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Ranglal Thakur has already been granted bail
Patna High Court CR. MISC. No.48163 of 2024(2) dt.12-07-2024 3/3 vide order dated 03.10.2023, passed in Cr. Misc. No. 58320 of 2023 by this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sidhwaliya P.S. Case No. 207 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 Additional Chief Judicial Magistrate I, Gopalganj.
(Sunil Kumar Panwar, J) Nirajkrs/- U T