Gopal Singh @ Gopal Prasad Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.17493 of 2017 (5) dt.13-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17493 of 2017 Arising Out of PS.Case No. -208 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ====================================================== Gopal Singh @ Gopal Prasad Singh, Son of late Ram Singar Singh, Resident of Village- Bhithi Sahabuddin , P.S. Baniyapur, District- Saran at Chapra.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Varun Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 208 of 2015 registered under Section 307/34 of the Indian Penal Code.
The accusation is that on 17.08.2015, the informant along with Ratnesh Kumar reached at the village Pokhra to repair work of 11 K.V. wire near the Bathan of Raj Kumar Singh. Both asked to Ashok Kumar Singh and petitioner to shutdown, who were deputed in the Sub-Station, then they shutdown the electric supply but current started, in which, informant become injured and fell down. Thereafter, he was rushed to Dr. S.S. Kumar, Maharajganj, from where, he was referred to Government Hospital Maharajganj and thereafter he was sent to Siwan for better
Patna High Court Cr.Misc. No.17493 of 2017 (5) dt.13-07-2017 treatment.
Learned counsel for the petitioner submits that, in fact, petitioner and Ashok Kumar Singh are outsider and they were posted at Sub-Station, Maharajganj but due to local politic the present case has been lodged with false allegation. Further submission is that it has come in paragraph 65 of the case diary, that, no entry was found in the register of P.H.C, Maharajganj regarding the treatment of the informant and Junior Engineer of Electricity Department has also stated that on 17.08.2018, no entry was made about the shutting down of electric supply for repairing neither any complaint is detailed in the register in regard to fault in supply of electric power.
Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Siwan, in connection with Maharajganj P.S. Case No. 208 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T