Shiv Ratan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74414 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- DEV District- Aurangabad ====================================================== Shiv Ratan Lal Son of Late Jageshwar Das village- Tal Bansipur, PsSuryagarha, Dist- Lakhisarai, P/A- Working as Assistant Electric Engineer, Supply sub - Division, Deo. Dist- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadanand Roy, Advocate.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Deo P.S. Case No.263 of 2023 instituted under Sections 304/34 of the Indian Penal Code.

3. As per the prosecution case, during repairing of transformer the deceased climbed on the pole and when he started repairing he received electric shock because one phase was not disconnected and during treatment the deceased died due to the injury.

4. Learned counsel for the petitioner submits that petitioner is the Assistant Electric Engineer, Supply Sub. Division at Deo Aurangabad and the repairing work of

Patna High Court CR. MISC. No.74414 of 2024(3) dt.09-04-2025 2/3 transformer in question was assigned to the concerned Junior Engineer who has been made co-accused in this case in spite of the fact that they are innocent and only on the basis of suspicion the petitioner has been made accused in this case. He further submits that the petitioner on the date and time of alleged occurrence was deputed for conducting the raid against the theft of electricity in another village and he had no concern with the offence as alleged. Learned counsel submits that there is no material against the petitioner and Section 304 of I.P.C. is not applicable in the facts and circumstances of this case. He further submits that the petitioner is a government servant having clean antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No.263 of 2023, subject to the conditions

Patna High Court CR. MISC. No.74414 of 2024(3) dt.09-04-2025 3/3 laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T