High Court Patna High Court - Orders

Rakesh Nigam vs The State Of Bihar on 27 July, 2011

Patna High Court – Orders
Rakesh Nigam vs The State Of Bihar on 27 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.24664 of 2011
                Rakesh Nigam, Son of P.N. Nigam, C/o Ramadhin Kumar Verma, Kisan bag
                Kargil Chowk, Biharsharif, P.S.-Laheri, District-Nalanda.
                                                                        ..............Petitioner.
                                        Versus
                The State of Bihar                                      ..........Opp. Party.
                                       -----------

2. 27.07.2011 Heard learned counsel for the petitioner and learned counsel

appearing for the State.

It is submitted that the petitioner was a Project Engineer and

the work was being carried out by the Contractor, Ashok Mahto, who is

also a co-accused in this case. It is also submitted that there could not

have been any motive for the petitioner to put the life of the victim in

danger. The victim died an accidental death due to electrocution.

He submits that in no case it would be a case of intentional

killing and at best it can be a case under Section 304(A) of the Indian

Penal Code, which is bailable in nature.

Learned counsel for the State opposes the prayer for grant of

bail.

Be that as it may, taking into consideration the aforesaid

submissions, let the petitioner, namely Rakesh Nigam in the event of his

arrest or surrender before the Court below within a period of four weeks

from the date of communication of this order, be released on bail on

furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the

like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda

at Biharsharif in connection with Giriyak P.S. Case No. 97 of 2011.

     Sanjeet                                                      (Ashwani Kumar Singh, J.)