Neeraj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74963 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- IMADPUR District- Bhojpur ====================================================== NEERAJ PANDEY Son of Late Siyaram Pandey Resident of VillageImadpur, P.S.- Imadpur, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, if any, be removed within a period of four weeks from today. The accused petitioner is named in F.I.R and apprehending his arrest in connection with Imadpur P. S. Case No. 103 of 2022 registered for the offences punishable under Section 304/34 of the Indian Penal Code.

The allegation against the petitioner is to cause death of son of the informant due to electric current received from wire, installed in his agricultural field for the purpose of crop protection.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.74963 of 2022(2) dt.03-05-2023 2/3 submitted that admittedly, death of son of informant caused by electric current. It is submitted that nothing appears from the face of FIR, which may suggest that the fencing wire was installed initially with electric connection. It is submitted that out of village politics, petitioner was implicated falsely, where allegation also appears omnibus. It is further submitted that no mechanical/scientific evidence collected during investigation which may suggest that alleged fencing wire was installed by the petitioner supplying electric current and mere on the basis of suspicion as petitioner found running away from the place of occurrence, as son of the informant came in contact of electric wire and died in his field, present false implication was made. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP for the State opposes the prayer of anticipatory bail.

Considering the aforesaid facts and circumstances and by taking note of nature of allegation, where implication of petitioner is only appearing to be owner of the agricultural field, where son of the informant died due to electric current, let above named petitioner, in the event of his arrest or surrender before learned Court below within a period of four weeks, is

Patna High Court CR. MISC. No.74963 of 2022(2) dt.03-05-2023 3/3 directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, in connection with Imadpur P. S. Case No. 103 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T