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Patna High Court

Shambhu Sahani @ Shambhu Sahni @ Sambhu SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that mere ownership of the land does not constitute sufficient basis for criminal liability and, lacking direct evidence, anticipatory bail was warranted.

Summary

The petitioner, Shambhu Sahani, was named in an FIR for the death of the informant's husband, who allegedly died from electrocution by an electric fence in a tobacco field owned by the petitioner. The petitioner argued that mere ownership of the land could not establish criminal liability, especially as there was no direct evidence linking him or his employees to the fencing. The informant claimed the petitioner and his family were seen collecting the wire after the incident, but the court noted the informant was not an eye‑witness to the erection of the fence and independent witnesses did not corroborate the allegation. The court held that suspicion based solely on ownership was insufficient for denial of bail and, under Section 482(2) of the BNSS, granted anticipatory bail with a bond of Rs.10,000 and two sureties. Additionally, the court directed the district authority to consider any compensation claim by the informant under the victim compensation scheme.

Issues considered

  • Whether ownership of the land where an illegal electric fence was erected makes the owner criminally liable for death caused by the fence.
  • Whether anticipatory bail should be granted under Section 482(2) of the BNSS in view of the evidentiary material presented.
  • Whether the informant's testimony and circumstantial evidence are sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal liability
  • landowner
  • electric fence
  • homicide
  • Section 105 BNS
  • Section 3(5) BNS
  • Section 482(2) BNSS
  • victim compensation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35215 of 2025
                      Arising Out of PS. Case No.-8 Year-2025 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Shambhu Sahani @ Shambhu Sahni @ Sambhu Sahani S/o Mahendra Sahni
                 R/o Vill- Chandrahatti, P.S.- Kundhani, Distt- Muzaffapur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Vaishnavi Singh, Adv.
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, Adv.
                 For the Informant        :       Mrs. Archana Shahi, Sr. Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   21-01-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kudhani P.S.

                   Case No. 08 of 2025 registered for the offences

                   punishable under Sections 105, 3(5) of BNS.

                                3. As per FIR, the husband of the informant

                   aged about 35 years died due to electrocution what he

                   received from the electric wire fence in tobacco field of

                   the petitioner.

                                4. It is submitted by Mrs. Vaishnavi Singh,

                   learned counsel appearing on behalf of the petitioner that
Patna High Court CR. MISC. No.35215 of 2025(6) dt.21-01-2026
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          the entire implication of this petitioner is based upon the

          fact that he is the land owner. It is submitted that it is a

          criminal prosecution and merely on the fact that the

          petitioner is a land owner he cannot be implicated with

          present criminal case. It is submitted that it is not a case

          where the occurrence took place between the four corner

          of the wall, rather it is a common practice of locality to

          fence their field with electric wire to save their cultivation

          from local animals like nilgai etc., therefore, it cannot be

          said that deceased husband of the informant who is

          resident of the same village was not aware about such

          type of practice. It is conceded though during argument

          that fencing of field with live current wire is an illegal act

          but as far criminal liability is concerned merely on the

          basis of suspicion being owner of the field cannot be said

          founded upon. It is submitted that even as per FIR

          petitioner was not found to engage himself in fencing the

          field in actual or by using his employee.

                       5. Arguing further, it is pointed out that even
Patna High Court CR. MISC. No.35215 of 2025(6) dt.21-01-2026
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          independent witnesses failed to support the involvement

          of this petitioner with present crime in question during

          investigation. While concluding arguments, it is submitted

          that petitioner is a man of clean antecedent.

                       6. Learned APP opposes the prayer of bail.

                       7. Mrs. Archana Shahi, learned senior counsel

          for the informant while opposing the prayer of bail

          submitted that petitioner alongwith his family members

          who are Arti Kumari and Rinku Devi were found indulged

          in collecting the wire after the occurrence to save

          themselves which was witnessed by informant herself. It

          is submitted that after public cry the petitioner left the

          place of occurrence leaving collected/ dismantled wiring

          which was seized by the police. It is submitted that the

          petitioner being owner of the land is under obligation to

          explain that who fenced the wire surrounding field and

          therefore, his custodial interrogation is required, and as

          such his this prayer of anticipatory bail be outrightly

          rejected. It is submitted that the informant lost her
Patna High Court CR. MISC. No.35215 of 2025(6) dt.21-01-2026
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          husband aged about 35 years. It is submitted that as per

          oral directions of this Court while passing order of “no

          coercive on 17.11.2025”, the Court directed that the

          parties must settle the issues amicably but instead of

          settlement qua compensation accused person refused to

          join any settlement and started saying that he will face

          the trial.

                       8. Taking note of aforesaid submission, it is

          submitted by Mrs. Vaishanvi Singh, that if parties failed to

          arrive on any amicable compensation, for this tortious

          act, informant is free to file a suit for appropriate

          compensation against petitioner and may approach

          concerned         DLSA/        district      authority   under   victim

          compensation scheme as available under section 357(A)

          Cr.P.C. / 396 of BNSS.

                       9. In view of aforesaid factual submission and by

          taking note of fact as prima-facie informant is not the eye

          witness of the erecting fencing and, merely on the basis

          of suspicion as petitioner is the owner of land, in issue,
            Patna High Court CR. MISC. No.35215 of 2025(6) dt.21-01-2026
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                      which was said to be fenced, implicated with crime in

                      question, accordingly petitioner above-named, in the

                      event of his arrest or surrender before the court below

                      within a period of four weeks, is directed to be released

                      on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to

                      the satisfaction of the learned ACJM 1 st Class, West

                      Muzaffarpur /concerned Court, where the case is pending

                      in connection with Kudhani P.S. Case No. 08 of 2025,

                      subject to the conditions as laid down under Section

                      482(2) of BNSS.

                                   10. Learned DJ, Muzafarpur cum chairman of

                      DLSA,        Muzaffarpur          is    directed     to   consider   the

                      compensation petition of informant, if any, in accordance

                      with law.



                                                                (Chandra Shekhar Jha, J)
Sudha/-
U       T


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