Allowed

Motilal Prasad Kushwaha and Anr. v. The State of Bihar

Patna HC21 Feb 2019CR. MISC./1844/2019

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What is this about?

Single judge of Patna High Court allowed an application for anticipatory bail under Section 438 CrPC, directing the petitioners' release upon arrest or surrender in a case involving death due to electric shock alleged to cause by generators.

What did the court decide?

Release on bail upon arrest or surrender within six weeks by furnishing bond of Rs. 25,000/- each with two sureties of the like amount.

Motilal Prasad Kushwaha and Anr. Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1844 of 2019

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Arising Out of PS. Case No.-181 Year-2018 Thana- BHANGWANPUR HAT District- Siwan

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======================================================

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Motilal Prasad Kushwaha son of Binda Prasad Kushbaha Resident of Village – Rampur, P.S.- Bhagwanpur Hat, District Siwan

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Barister Rai @ Collector @ Ganesh Prasad Yadav son of Mukund Prasad Resident of Village – Bhagwanpur, P.S.-Bhagwanpur Hat, District Siwan

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kapil Deo Singh For the Opposite Party/s : Mr. Akshay Lal Pandit ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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3 21-02-2019

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This is an application for grant of anticipatory bail in connection with Bhagwanpur P.S. Case No. 181 of 2018, disclosing offences under Sections 304/34 of the Indian Penal Code.

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Allegation as per F.I.R. is that the deceased was selling vegetables and due to heavy rain, the vegetables started flowing and in order to save the vegetables, the deceased went there and received electric shock and there is allegation that the petitioners were running generators, due to which the deceased received electrical shock.

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Submission of learned counsel for the petitioners is that the supervision note shows that the deceased had received electric shock through the solar light and at that time generators

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Patna High Court Cr.Misc. No.1844 of 2019(3) dt.21-02-2019 2/2

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of the petitioners were off.

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Heard learned A.P.P. also.

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Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Bhagwanpur P.S. Case No. 181 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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(Vinod Kumar Sinha, J)

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Amjad/-

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U T

Motilal Prasad Kushwaha and Anr. v. The State of Bihar

Case brief

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What did the court decide?

Motilal Prasad Kushwaha and Anr. v. The State of Bihar

Case brief

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