Ajit Kumar @ Gudoo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61144 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Ajit Kumar @ Gudoo Kumar S/O Late Ramshevak Mahto R/O Village-Purani Teghara Bazar, P.S-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Kumar Singh, Advocate For the Informant :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that on 09.06.2021, at about 10:00 am, Ajit Kumar @ Gudoo (petitioner) came to the house of the informant and took his son Anmol Kumar on his motorcycle for some work, thereafter the petitioner along with 8-10 other persons

Patna High Court CR. MISC. No.61144 of 2021(2) dt.22-03-2022 2/3 lynched Anmol Kumar at an unknown place and the petitioner took his dead body on his motorcycle and threw it behind Ganpati Hospital and absconded, accordingly the informant on coming to know about the death of his son reached the hospital and saw his son dead.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The police after investigation submitted charge-sheet under Section 304 and 34 of the I.P.C. as it came during the course of investigation that the petitioner and the deceased were working as electrician and in connection with come electrical work, they had gone to the place of occurrence where the deceased climbed on an electric pole which had current as a result of which he died. Learned counsel further submits that even the postmortem report clearly corroborates that the death was due to electric shock. Learned counsel submits that even the informant had filed an application before the Electricity Board seeking compensation from the Board on account of death of his son and then he also filed a false and fabricated F.I.R. Learned counsel for the informant and learned A.P.P. for the State vehemently oppose the prayer for bail of the petitioner but are not able to meet the submission of the learned

Patna High Court CR. MISC. No.61144 of 2021(2) dt.22-03-2022 3/3 counsel for the petitioner that the informant has also sought compensation from the Electricity Board on account of death of his son due to electric current and also that postmortem report corroborates the fact that the death was due to electric current. Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named 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 court below where the case is pending/successor court in connection with Teghra P.S. Case No. 155 of 2020.

(Satyavrat Verma, J) Rishi/- U T