Mahesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74310 of 2018 Arising Out of PS. Case No.-319 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Mahesh Prasad Son of Late Baso Ram Resident of Village-Saur,P.S. Warsaliganj,Distt.-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar For the Opposite Party/s :
Mr.Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.
The application for anticipatory bail arises out of Warisaliganj P.S. Case No. 319 of 2018, disclosing the offence under Section 304 of the Indian Penal Code. It is alleged that the petitioner, in order to protect his crops from being destroyed by Blue bulls (Nilgais), had got installed electric live wire around his field. The husband of the informant had gone to the field to bring fodder for the cattle, but he came in contact with the live electric wire and died. It is submitted on behalf of the petitioner that the field was never fenced with live wire and, as a matter of fact, the deceased died after he came in contact with the live wire of the Electricity Department going overhead. He has also
Patna High Court Cr.Misc. No.74310 of 2018(2) dt.21-12-2018 2/2 submitted that, in the nature of allegation made, the petitioner deserves anticipatory bail.
I find substance in the submission made on behalf of the petitioner. Accordingly, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Warisaliganj P.S. Case No. 319 of 2018, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/- U T