Sunil Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18553 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- HATHAURI District- Muzaffarpur ====================================================== Sunil Ojha, Son of Tej Narayan Ojha, Resident of Village Amma, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Hathauri P.S. Case no. 57 of 2017 registered under Section 304 of the Indian Penal Code.

Brother of the informant is said to have died due to electrocution by coming into contact with naked wire installed by the petitioner to fence his maize field. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner is quite innocent and has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. Petitioner is having part of land on

Patna High Court Cr.Misc. No.18553 of 2018(4) dt.18-05-2018 2/2 the either side i.e. towards east and west of the place of occurrence, so the fencing of his land by the petitioner is not possible. It is further submitted that the petitioner had never fenced his land by means of naked wire. As a matter of fact, there is high-tension wire across the field of the petitioner, which had fallen in his field by snapping and the deceased might have come in contact with the said wire and died due to electrocution. He has no criminal antecedent. He has been languishing in custody since 25.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Sub Judge 10th-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Hathauri P.S. Case no. 57 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T