IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27247 of 2011
Ashok Mahto, son of Late Kesho Mahto, resident of village - Devriya, P.S.
- Ben, District - Nalanda.
------------ Petitioner.
Versus
The State Of Bihar -----Opposite Party
*******
03. 13.10.2011 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State who
is armed with carbon copy of the case diary.
The petitioner, apprehends his arrest in
connection with Giriak P.S. Case No. 97/2011 for
offences under Sections 287/304 of the Indian Penal
Code, pending before Chief Judicial Magistrate,
Nalanda at Biharsharif, is one of the named accused in
this case being contractor issuing some work relating to
electric pole etc. with allegation that he got the victim
go on the electric pole to do some work on the
assurance that power has already been cut. It is
submitted that the co-accused engineer has already
been granted the privilege by a Bench of this court vide
order dated 27.07.2011 passed in Cr. Misc. No.
24664/2011.
Learned Additional Public Prosecutor on
going through the case diary which was called earlier
after hearing pointed out that no necessary precaution
was taken by the petitioner prior to getting the work
done resulting into the death of the labourer engaged.
Considering the facts and circumstances of
the case, petitioner is not entitled for the privilege
sought.
Accordingly, prayer for anticipatory bail of
the petitioner is hereby rejected.
Rajeev/- ( Akhilesh Chandra, J.)