Chandan Rai @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10139 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- MANER District- Patna ====================================================== 1.

CHANDAN RAI @ CHANDAN KUMAR S/O RAM JEE RAI Resident of Village - Haldi Chhapra, Purana Tole, Police Station - Maner, District - Patna.

2.

SATYENDRA RAI @ SATYENDRA KUMAR SON OF NAGENDRA RAI Resident of Village - Haldi Chhapra, Purana Tole, Police Station - Maner, District - Patna.

3.

BHANU RAI @ BHANU KUMAR SON OF VIJAY RAI Resident of Village - Haldi Chhapra, Purana Tole, Police Station - Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvadeo Singh, Advocate Mr.Md. Helal Ahmad, Advocate For the State :

Mr. Shayam Kumar Singh, APP For the informant :

Mr. Ranjan Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-06-2021 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Maner P.S. Case no. 386 of 2020 registered under sections 285, 504, 506 and 34 of the Indian Penal Code to which section 304 of Indian Penal Code was added subsequently.

As per allegation in the FIR, the informant sustained

Patna High Court CR. MISC. No.10139 of 2021(2) dt.15-06-2021 2/3 electric shock from a live wire in the agricultural field of Ramji Rai. It is stated that at night on the five accused persons including Ramji Rai and the three petitioners herein coming, it is stated that on seeing the informant having sustained electric shock, they threw him in the adjoining land and went away. Further at 2 am in the night, thinking the informant to have died, they came to dispose off his body but on hulla being raised they went away.

It is submitted by learned counsel for the petitioners that from the allegations in the FIR itself it would transpire that the informant sustained electric shock, not in the agricultural land of these petitioners. The petitioners have been falsely implicated in the case. They are in custody since 28.8.2020 and investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the FIR but there is direct allegation against them. No submission has been made as to with whose permission the live electric line was running in the agricultural land of Ramji Rai. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.10139 of 2021(2) dt.15-06-2021 3/3 taking into consideration the facts and circumstances of the case, the nature of allegation together with the period in custody, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Maner P.S. Case no. 386 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur.

Prakash/- (Partha Sarthy, J) U T