Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42322 of 2019 Arising Out of PS. Case No.-40 Year-2014 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== ASHOK SAH, Gender-Male, Aged about 34 years, S/o Indradeo Sah R/o village- Singasani, P.S.- Inerwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2019 Heard both sides.

The petitioner apprehends his arrest in Purushottampur P.S. Case No.40 of 2014 registered under Sections 302, 120(B) and 34 of the Indian Penal Code. The wife of the deceased alleged that while her husband was repairing the electric wire after shut down of the line, the accused persons suddenly removed the shut down on account of which her husband died due to electrocution. The learned counsel for the petitioner submits that prior to present incidence, the deceased had himself made allegation against Sanjay Kumar and Kamlesh Sah that they had threatened to kill him by removing shut down while repairing work was going on. It is further submitted that there is no allegation against the petitioner and only suspicion is raised. Due to negligence on the part of the deceased himself, the

Patna High Court CR. MISC. No.42322 of 2019(2) dt.09-07-2019 2/2 accident took place. The deceased was repairing the electric line without demanding of shut down from the grid sub-station. It is further submitted that similarly situated co-accused namely Sanjay Kumar and Kamlesh Sah have already been granted anticipatory bail vide order passed in Cr. Misc. No.19013 of 2015 and 50269 of 2015.

Taking into consideration the facts aforesaid and the fact that the Similarly situated co-accused namely, Sanjay Kumar and Kamlesh Sah have already been granted anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Purushottampur P.S. Case No.40 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T