Jai Bhagwan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48715 of 2016 Arising Out of PS.Case No. -489 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Jai Bhagwan Rai Son of Ramjee Rai Resident of village- Amnabad, Katesar, Police Station- Bihta, District Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party : Mr. Amrendra Prasad, APP 77 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 302/34 of the Indian Penal Code. According to first information report, there is general and omni bus allegation against the petitioner and others named accused person to have assaulted the wife of the informant. Subsequent act was committed by other named accused person. Submission of the petitioner is that the petitioner has not caused any injury on the person of the deceased rather deceased died of electrocution and false case has been lodged. The learned counsel for the informant opposed the prayer on the ground that there is specific allegation that the deceased was pressed by the named accused person against the live wire, as a result whereof he died.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No. 489 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, or successor Court.

(Birendra Kumar, J) SA/- U √ T √