Rakesh Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.502 of 2020 Arising Out of PS. Case No.-53 Year-2016 Thana- NAUHATTA District- Rohtas ====================================================== 1.

RAKESH PRABHAKAR Son of Basudeo Prasad Resident of Village and P.O.- Bhagwanpur, P.S.- Hulasganj, District- Jehanabad at Present R/OElectricity Colony, Mohalla- Tarbanglow, Ward No. 38, P.S.- Dehri, District - Rohtas.

2.

Ajeet Kumar Son of Devendra Prasad Resident of Village - Bhawanichak, Amarpura, P.S.- Naubatpur, District - Patna at present Resident of ESS MLA Flat, Patna P.S.- Kotwali, District - Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners, who are the officials of the Electricity Department, have erroneously been named in this case. He submit that on account of thunderstorm and heavy rain, electric wire had fallen on the ground which caused electrocution to the deceased. Petitioners are no way concerned with the the incident occurred due to natural calamity.

Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.502 of 2020(2) dt.18-02-2020 2/2 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Dehri Rohtas in Nauhatta Police Station Case No. 53 of 2016, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T