Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, four villagers, sought anticipatory bail fearing arrest in a case where a 19‑year‑old named Aakash Raj died from an electric shock while fishing in the Loai River. The prosecution alleges that the petitioners deliberately passed electric current through the river, causing the death, and have charged them under Sections 304 and 34 of the Indian Penal Code. The petitioners contend they are innocent, argue that the allegations are based solely on suspicion, and point out that the deceased's body was disposed of without a post‑mortem examination. The State opposed the bail application. Considering the lack of forensic evidence and the speculative nature of the accusations, the Court inclined to grant anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a case where the allegations are based on suspicion and no post‑mortem has been conducted.
- Whether the petitioners' alleged involvement in the alleged electric shock death warrants denial of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 304, 34
Subjects
- anticipatory bail
- IPC 304
- IPC 34
- electric shock death
- suspicion
- postmortem
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1533 of 2026
Arising Out of PS. Case No.-33 Year-2023 Thana- KHIRI MORE District- Patna
======================================================
1. Prakash Kumar S/o Sanjeevan Yadav
2. Amarjeet Kumar @ Guddu S/o Late Arun Singh
3. Raj Kumar S/o Ram Vinay Prasad @ Vinay Prasad
4. Aniket Kumar S/o Binod Prasad, All R/o Village - Nirakhpur, P.S - Khiri
More, District - Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehends their arrest in
connection with Khiri More Case No.33 of 2023 registered for
the offence under Sections 304/34 of the Indian Penal Code.
3. Prosecution case in short, is that, on the basis of
written report of informant, Aakash Raj aged about 19 years son
of informant had died by electric shock, but due to being busy
with the funeral informant was not able to submit the
application yesterday before police station. It is further alleged
that informant after returning from the ceremony when the
matter was investigated, this matter came to light that his co-
villagers 1. Prakash Kumar Son of Sanjeevan Yadav, 2.
Patna High Court CR. MISC. No.1533 of 2026(2) dt.28-01-2026
2/3
Amarjeet Kumar @ Guddu Son of Late Arun Singh, 3. Aniket
Kumar Son of Binod Prasad, and 4. Raj Kumar Son of Vinay
Prasad, were fishing by passing electric current in the Loai
River near the village. Where Aakash Raj aged about 19 years
son of informant also went with Akash Kumar Son of Late
Dinesh Mahto of the village and after seeing the all persons
fishing, both of these also entered the river water and at that
time there was no electric current flowing in the river but after
some time when Aakash Raj was alone in the river water, at that
moment, someone of the fishermen put electric current in the
river water, it caused the death of Aakash Raj son of the
informant after being struck by electric current.
It is further alleged that informant suspect that with
the intention of killing to the son of informant namely Aakash
Raj an electric current was deliberately passed through the river
water.
4. Learned counsel for the petitioners submits that
petitioners are innocent and has committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that the entire allegation against
the petitioners is based on suspicion and the body of the
deceased was disposed of without there being any postmortem.
Patna High Court CR. MISC. No.1533 of 2026(2) dt.28-01-2026
3/3
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the entire allegation
against the petitioners is based on suspicion and also that the
body of the deceased was disposed of without there being any
postmortem done, in such circumstances, this Court is inclined
to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Ist Class,
Danapur, Patna in connection with Khiri More Case No.33 of
2023, subject to the conditions laid down under Section 438(2)
of the Cr.P.C./under Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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