Nawal Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.36815 of 2016 (4) dt.16-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36815 of 2016 Arising Out of PS.Case No. -240 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Nawal Rai, Son of Late Ram Ugarah Rai, Resident of VillageMithanpura, O.P. Panapur, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Mohan Mishra For the Opposite Party/s Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 16.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner apprehends his arrest in connection with Kanti (Panapur O.P.) P. S. case no. 240/2016 registered under section 302/34 of the IPC.

The accusation against the petitioner is that he was in habit of using naked wire to supply electricity to villagers and when the above stated act was opposed by the informant and other villagers, it is alleged that the petitioner and his son caught one Md. Arish and forcibly put him on naked wire as a result of which the aforesaid Md. Arish died then and there.

It would appear from perusal of the case diary that police, after investigation, found the case true under section 304 of the Indian Penal Code.

Patna High Court Cr.Misc. No.36815 of 2016 (4) dt.16-11-2016 Therefore, in my view, it is not fit case for grant of anticipatory bail and accordingly, his prayer for anticipatory bail in connection with the above stated case stands rejected. However, this rejection order shall not cause any prejudice to the competent court while considering regular bail application of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T