Patna High Court
Harish Chandra Dutt @ Ajay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 105, 3(5)
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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