Patna High Court
Santosh Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court modified condition 7(i) to require police verification of the shop's electricity connection and extended the surrender period by six weeks.
Summary
Santosh Yadav was granted bail in Cr. Misc. No. 51910 of 2025 with condition 7(i) that the police verify his claim that the shop involved in an alleged electrocution incident did not belong to him, and that bail bonds would be accepted only if the claim proved true. The petitioner later contended that he inadvertently misrepresented the ownership because he was unaware that the shop, which he actually owned, had no electricity connection and was operated by a generator. The court examined the FIR details, noting that the child’s electrocution occurred at a time when the shop was closed and the generator was off, and found no evidence linking the incident to electricity from the shop. Consequently, the court modified condition 7(i) to direct verification of the shop’s electricity connection and to accept the bail bond only if the shop indeed lacks such a connection. Additionally, in the interest of justice, the court extended the surrender period by six weeks and disposed of the modification application.
Issues considered
- Whether condition 7(i) of the bail order requiring verification of shop ownership and electricity connection should be altered.
- Whether the bail bond can be conditioned on the existence of an electricity connection to the shop.
- Whether an extension of the surrender period is warranted in the circumstances.
Subjects
- bail modification
- electricity connection
- electrocution incident
- verification order
- surrender period extension
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.442 of 2026
In
CRIMINAL MISCELLANEOUS No.51910 of 2025
Arising Out of PS. Case No.-168 Year-2018 Thana- CHHATAUNI District- East Champaran
======================================================
Santosh Yadav @ Santosh Kumar S/o Kapil Yadav @ Kapildev Yadav Ray
R/o Village- Chota Bariyarpur, P.S- Chhatauni, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar Ii
For the Opposite Party/s : Mr.Renuka Ratnakar (125)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 16-01-2026 Heard learned counsel for the parties.
2. The present application has been filed seeking
modification of condition 7(i) of the order dated 15.11.2025
passed in Cr. Misc. No. 51910 of 2025, and for extension of
time to surrender before the Court below.
3. It is submitted by the learned counsel for the
petitioner that vide order dated 15.11.2025 passed in Cr. Misc.
No. 51910 of 2025, a direction was issued to the local police to
verify the petitioner’s specific assertion that the shop in question
did not belong to him, and it was further directed that the bail
bonds would be accepted only if such assertion was found to be
correct. It is in this background, the present modification
application has been filed, as the deponent did not have proper
Patna High Court CR. MISC. No.442 of 2026(3) dt.16-01-2026
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knowledge regarding the ownership of the shop and,
consequently, such statement were made inadvertently. In fact,
the shop belongs to the petitioner; however, there is no electric
connection in the said shop. The petitioner has not taken any
electricity connection and was running the shop through a
generator. Due to lack of proper knowledge about the ownership
of the shop, the deponent made the incorrect statement.
4. It is further submitted, with reference to the
contents of the FIR, that the alleged incident is said to have
taken place at around 06:00 A.M., at which time the shop was
closed and the generator was also not functioning. The
informant’s child is alleged to have been electrocuted by a grill
kept outside the petitioner’s shop, and the petitioner had no
knowledge of the said incident.
5. Taking into account that, even assuming that the
informant’s child was electrocuted by the grill kept outside the
petitioner’s shop, there is nothing on record to show that such an
incident occurred due to electricity emanating from the
petitioner’s shop, as the said shop has no electricity connection
whatsoever.
6. Be that as it may, since there is no material to
show that the shop had an electricity connection, condition 7(i)
Patna High Court CR. MISC. No.442 of 2026(3) dt.16-01-2026
3/3
of the order dated 15.11.2025 passed in Cr. Misc. No. 51910 of
2025 is modified to the extent that the local police are directed
to verify whether the shop belonging to the petitioner has any
electricity connection, and if it is found that the shop has no
such connection, then only the bail bond of the petitioner shall
be accepted by the court below.
7. In the interest of justice, the period to surrender
is extended by six weeks from today in connection with
Chhatuani P.S. Case No.168 of 2018, pending in the court of
learned C.J.M., Motihari, East Champaran.
8. The order dated 15.11.2025 is modified to the
extent as indicated above.
9. Accordingly, this modification application stands
disposed of.
(Ajit Kumar, J)
shikha/-
U T
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