Kapil Muni Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54579 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Kapil Muni Mahto Son Of Late Yadubans Mahto Resident Of Village - Rahathuan, P.S. - Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Anil Kumar Roy, Adv.

For the State :

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Bijay Shankar Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(A)/34 of the Indian Penal Code.

3. As per the prosecution case, there is allegation against the petitioner that he installed illegal naked electric fence around his paddy field and supplied 220 volt electric current through it and on fateful day of occurrence, the informant's son went to take water and got electrocuted in the fence installed by the petitioner.

4. Learned Senior Counsel for the petitioner

Patna High Court CR. MISC. No.54579 of 2024(4) dt.09-12-2024 2/3 submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner installed the said electric fence to protect his paddy crop from the animals. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the offence, 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. 25,000/- (Rupees Twenty Five 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 Brahampur P.S. Case No. 290 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.54579 of 2024(4) dt.09-12-2024 3/3 Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

(Anjani Kumar Sharan, J) anand/- U T