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Patna High Court

Babuchand BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Babuchand Bind, was arrested in connection with a case registered under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly electrocuting the husband of an informant while working as a labourer. He claimed that the death resulted from an illegal electricity connection and that he was falsely implicated, asserting his innocence and clean antecedent. The State opposed his regular bail, arguing the seriousness of the offence. The court examined the FIR, noted the petitioner had been in custody since 21‑11‑2025, and considered his clean record and the nature of the allegation. Finding no compelling reason to keep him detained, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The order was limited to the bail matter and did not prejudice the trial on the merits.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita considering the nature of the offence and his custody period.

Legislation cited

Subjects

  • bail
  • electrocution
  • illegal electricity connection
  • Sections 105
  • Section 3(5)
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22066 of 2026
                    Arising Out of PS. Case No.-136 Year-2025 Thana- PARASBIGHA District- Jehanabad
                 ======================================================
                 Babuchand Bind Son of Ramnandan Bind Resident of Village- Junathi, P.S.-
                 Parash Bigha, District- Jehanabad, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Pandey, Advocate
                 For the State            :       Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Parasbigha P.S. Case No. 136 of 2025 registered for the offence

                   punishable under Sections 105 and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                 3. The case of the prosecution is that the petitioner is

                   alleged to have electrocuted the husband of the informant while

                   the petitioner was working as a labourer in the house.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The electrocution was a result of an illegal electricity

                   connection and the petitioner is a mere labourer who was

                   working in the house of the informant.
           Patna High Court CR. MISC. No.22066 of 2026(2) dt.08-04-2026
                                                       2/2




                                  5. The petitioner is in custody since 21.11.2025

                     having clean antecedent.

                                  6. Learned APP appearing for the State opposes the

                     prayer for regular bail of the petitioner.

                                  7. From the reading of the FIR, it appears that the

                     husband of the informant died due to electrocution.

                                  8. Considering the period of custody and the

                     allegation, this application is allowed.

                                  9. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Judicial Magistrate, First Class at Jehanabad/ concerned Court

                     in connection with Parasbigha P.S. Case No. 136 of 2025.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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