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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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