Patna High Court
Babuchand BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 105, 3(5)
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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