Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31431 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Lalan Singh S/o Late Bhagwati Singh Resident of Village Rajpur, P.S. Raghunathpur, District Siwan, Presently posted as Electric Operator Sikandara, P.S. Sikandara, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dipak Kumar, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 285, 324 and 308 of the Indian Penal Code. The informant alleged that his brother Dilip Kumar climbed on electric pole for repairing of electric line but in the meantime his brother was electrocuted and fell down on the ground and, later on, he died. Learned counsel for the petitioner submits that the petitioner is Electric Operator of Jhajha Power Grid Sub-station. Dilip Kumar never informed the petitioner that he was climbing on electric pole. Shut down was not taken from Jhajha Grid Sub-station; rather the same was from Mallehpur Power Grid Sub-station.

Learned A.P.P., however, opposed the prayer for anticipatory bail and submitted that Rishi Kumar has stated that he

Patna High Court Cr.Misc. No.31431 of 2015 (3) dt.13-10-2015 2/2 handed over the charge to the petitioner on 16.05.2015. He further disclosed that no register was maintained about the service. The consumer Ajit Kumar did not inform about non-supply of electric power. No entry was made in this regard.

Considering the fact that the petitioner did not have any knowledge about the fact that Dilip Kumar was climbing on electric pole and there was no shut down from Jhajha Power Grid Sub-station, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in Jhaha P.S. Case No. 99 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T