Shambhu Bhagat @ Shambhu PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40083 of 2026
                   Arising Out of PS. Case No.-68 Year-2026 Thana- HARSIDHI District- East Champaran
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                 Shambhu Bhagat @ Shambhu Prasad S/o Late Nathuni Bhagat Resident of
                 Village- Bara Harpur, P.S - Harsidhi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakil Ahmad Khan, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                  Heard Mr. Shakil Ahmad Khan, learned counsel for

                   the petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.02.2026 in connection with Harsidhi P.S. Case No. 68 of

                   2026, F.I.R. dated 29.01.2026 for the offences punishable under

                   Sections 105 and 3(5) of the BNS, 2023 and Sections 135 and

                   138 of the Electricity Act.

                               3.     According to prosecution case, the informant

                   alleged that this petitioner along with other accused persons

                   were stealing electricity from naked wire and coming in contact

                   with the said wire the husband of the informant died and when

                   the informant asked from the accused persons about the said

                   wire, they threatened her for dire consequences.
Patna High Court CR. MISC. No.40083 of 2026(2) dt.29-06-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. The date of occurrence as

          alleged in the FIR is 26.01.2026 but the present FIR has been

          instituted on 29.01.2026 i.e., after delay of 3 days without

          giving any explanation of the said delay. Apart from that it

          appears from the FIR that the petitioner has been made accused

          in the present case due to some previous dispute. He further

          submits that the husband of the informant died due to electric

          shock and petitioner has no role at all in the present occurrence

          and the electricity department has not instituted any FIR against

          the petitioner till date. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 17.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial
            Patna High Court CR. MISC. No.40083 of 2026(2) dt.29-06-2026
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                      Magistrate 1st Class, East Champaran at Motihari in connection

                      with Harsidhi P.S. Case No. 68 of 2026, subject to the following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T