Pappu Rai @ Pappu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69071 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- DHANGAI District- Bhojpur ====================================================== Pappu Rai @ Pappu Kumar Rai, Son of Vijay Rai @ Vijay Kumar, Resident of Village - Jamuaon, P.S.- Piro, Distt - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Dhangai P.S. Case No.47 of 2019 registered for the offence punishable under Section 304 of the Indian Penal Code. It is contended that from the allegations made in the first information report itself, it would appear that it is not a case of culpable homicide not amounting to murder. At best, the offence alleged would attract ingredients of Section 304A of the Indian Penal Code. It is further contended that though it is alleged that the field of the petitioner being watched by the deceased was bounded by live naked wire as a result of which, the deceased was electrocuted, when the police inspected the place of occurrence, no seizure of wire was made. There is no

Patna High Court CR. MISC. No.69071 of 2019(3) dt.05-03-2020 2/2 finding of the Investigating Officer that there was any live naked wire. It is further contended that the petitioner is having clean antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. He has contended that the death of the deceased was caused due to negligence of the petitioner. The deceased was watchman working in his field since last six months and his death was due to electrocution.

Regard being had to the submissions advanced at the Bar, in the event of arrest or surrender in the court below, the petitioner 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 to the satisfaction of the learned A.C.J.M.- 1st, Bhojpur at Ara in connection with Dhangai P.S. Case No.47 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T