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Patna High Court

Harish Chandra Dutt @ Ajay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

Harish Chandra Dutt, an electric contractor, was charged under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita for the death of an informant's brother when a crane fell during work at Sonpur Railway Station. The death was attributed to electric shock, and the petitioner argued that the incident was accidental and that he was merely the contractor, not responsible for the mishap. The State opposed his anticipatory bail application. Considering the nature of the accusation, the accidental character of the death, and the petitioner's clean antecedent, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the petitioner can be held liable for the death caused by the crane accident.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • accidental death
  • electric contractor
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 105
  • Section 3(5)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5154 of 2026
                       Arising Out of PS. Case No.-735 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Harish Chandra Dutt @ Ajay Singh S/O Ganesh Dutt Sinha Resident of
                 Village- Dayalpur Hasni, P.S.- Chandi, District- Nalanda. at present proprietor
                 M/S Sharda Enterprises, Nalband Toli, Gulzarbagh, Gaighat, P.S.- Alamganj,
                 Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 105, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that on 23.07.2025 at

                   about 8 AM, this petitioner, who is electric contractor, took

                   brother of the informant for working near Sanskritik Bhawan,

                   Sonpur Railway Station where during execution of work, crane

                   fell down from 30 feet height due to wire breakage as a result of

                   which, brother of the informant got severely injured and died

                   during course of treatment.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. From bare
              Patna High Court CR. MISC. No.5154 of 2026(2) dt.03-02-2026
                                                          2/2




                        perusal of the F.I.R. it is apparent that it was an accidental death

                        and as per post-mortem report cause of death is electric shock.

                        Petitioner was only the contracter of the work in question as

                        such, he cannot be held responsible for the occurrence.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Saran at Chapra in connection with Sonpur P. S. Case No. 735

                        of 2025, subject to condition as laid down under Section 482(2)

                        of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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