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Patna High Court

Ritesh AnandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to bond, sureties and the condition that the order will cease if a charge‑sheet is filed.

Summary

The petitioners, Ritesh Anand and Shankar Kumar, were implicated in the death of the informant’s elder son, who allegedly received an electric shock when a wire used to power the informant’s pumpkin field was said to have been tampered with by the petitioners. The informant claimed the petitioners deliberately passed electric current through his iron wire, while the petitioners argued that the incident was accidental, caused by blue‑bulls breaking a bamboo pole which snapped the electric wire. They asserted they have clean antecedents and that the allegation was a false attempt to implicate them because their land adjoins the informant’s. Both sides presented conflicting witness statements, and the State opposed the grant of anticipatory bail on the ground that the petitioners might abscond. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., with the order to lapse if a charge‑sheet is filed linking the petitioners to the offence.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the conflicting evidence.
  • Whether the petitioners are likely to abscond or tamper with the investigation if released on bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • accidental death
  • electric wire
  • blue bulls
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64209 of 2025
                    Arising Out of PS. Case No.-286 Year-2024 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
           1.     Ritesh Anand S/o Garib Nath Chaudhary R/o Village - Raghopur, P.S -
                  Minapur, District - Muzaffarpur
           2.    Shankar Kumar S/o Late Satyanarayan Prasad R/o Village - Raghopur, P.S -
                 Minapur, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Arvind Kumar, Adv.
                                                  Mr. Gajender Kumar, Adv.
                 For the State           :        Mr. Ganesh Prasad Singh, APP
                 For the Informant       :        Mr. Ravi Ranjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-03-2026                   1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 105, 3(5)

                   of the B.N.S..

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that land of petitioners is adjacent to his land and

                   petitioners passed electric current through iron wire of the

                   informant with which the informant had wired his pumpkin

                   field, on account of which he along with both his sons got
Patna High Court CR. MISC. No.64209 of 2025(3) dt.23-03-2026
                                            2/4




          electric current and his elder son died.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that it is not in dispute that

          land of the petitioners and the informant are adjacent to each

          other but then both petitioners and the informant have taken the

          land on lease from a Math. It is next submitted that though

          informant alleges that the petitioners passed electric current

          through iron wire of the informant with which the informant had

          wired his pumpkin but then the said allegation has been levelled

          only to ensure that petitioners are implicated in the case since

          their land is adjacent to the land of the informant. It is further

          submitted that it does not appear probable that petitioners would

          have passed electric current through iron wire of the informant

          with which the informant had wired his pumpkin. It is also

          submitted that the dead body of the son of the informant was

          found lying on the land which was taken on lease by the

          informant. It is further submitted that during the course of

          investigation, witnesses have stated that in the area there is

          problem of blue-bulls and they destroy agricultural field and on

          the date of occurrence blue-bulls had come to the village and

          thus were being chased, on account of which, the blue-bulls
Patna High Court CR. MISC. No.64209 of 2025(3) dt.23-03-2026
                                            3/4




          dashed the bamboo pole, on account of which, the electric wire

          snapped and fell on the land of the informant and came in

          contact with the iron wire which was used for wiring the

          pumpkin, leading to the death of the son of the informant. It is

          also submitted that if privilege of anticipatory bail is granted to

          the petitioners, the petitioners will not abscond rather will

          cooperate in the investigation to prove their innocence.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioners but then the learned counsel

          appearing on behalf of the informant is not in a position to rebut

          the submission of the learned counsel appearing on behalf of the

          petitioners that during the course of investigation witnesses have

          stated that blue-bulls were being chased and one of the blue-

          bulls got dashed with a bamboo pole, leading to snapping of

          electric wire on account of which the same came in contact with

          the iron wire with which pumpkin in the field of the informant

          was wired by the informant, leading to the occurrence but then

          the learned counsel appearing on behalf of the informant also

          submits that even some of the witnesses have given a contrary

          statement during the course of investigation indicting the

          petitioners. It is also submitted that if privilege of anticipatory
             Patna High Court CR. MISC. No.64209 of 2025(3) dt.23-03-2026
                                                         4/4




                       bail is granted to the petitioners, the petitioners may abscond.

                                    6. After hearing the learned counsel for the parties, the

                       petitioners above-named, in the event of their arrest or surrender

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand) each with two sureties of the like

                       amount each to the satisfaction of learned trial court where the

                       case is pending/successor court in connection with Minapur P.S.

                       Case No.286/2024, subject to the conditions as laid down under

                       Section 482(2) of the B.N.S.S.

                                    7. However, it is made clear that if charge sheet is

                       submitted connecting the petitioners with the offence, in that

                       event, the present anticipatory bail order shall come to an end.



                                                               (Satyavrat Verma, J)
amit/-

U        T


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