Patna High Court

Dev Narayan MahtoversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Dev Narayan Mahto, sought bail in a case registered as Madhepur PS Case No.178 of 2025, alleging that the death of the informant's son was an accidental electrocution caused by a naked electric wire in a neighbour's vegetable field, not a murder. The prosecution charged him under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, while the charge‑sheet also mentioned Sections 105 and 3(5). The petitioner argued lack of specific allegation, that the field did not belong to him, and that he had clean antecedents. The Additional Public Prosecutor opposed bail. After considering the facts and submissions, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, and the application was allowed.

Issues considered

Whether the petitioner is entitled to bail despite being charged under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
Whether the alleged accidental death constitutes murder or a case of negligence, affecting bail eligibility.
Whether the discrepancy between the alleged offence (Section 103(1)) and the charge‑sheet sections (105, 61(2), 3(5)) impacts the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 105, 3(5), 61(2)

Subjects

bail
criminal procedure
negligence
accidental death
Bharatiya Nyaya Sanhita
Section 103
Section 61
Section 105
Section 3(5)
charge‑sheet
murder vs accident

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.82 of 2026
                    Arising Out of PS. Case No.-178 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Dev Narayan Mahto, (M), aged about 51 years, son of Rambahadur Mahto,
                 R/O Village- Bhit Bhagulanpur, P.S- Madhepur, Dist-Madhubani

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Rashmi Jha, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Madhepur PS Case No.178 of 2025 dated 28.09.2025, instituted

                   for the offence punishable under Sections 103(1), 61(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence, son of the informant had gone to attend

                   natural call but did not return and when the informant went for

                   searching him, he found his son lying in the field in unconscious

                   position. It is alleged that the accused persons named in the FIR

                   had put naked electric wire around their vegetable field in which

                   electric supply was going on and his son came in contact with
Patna High Court CR. MISC. No.82 of 2026(2) dt.15-01-2026
                                            2/3




          the electric wire and died.

                       4. Learned counsel for the petitioner submits that it is

          not a case of murder, rather, it is case of accident due to

          negligence. The son of the informant went to attend natural call

          and accidentally, he came in contact with the naked wire in the

          field and due to electric shock he died. It is submitted that the

          said vegetable field does not belong to the petitioner and he is

          neighbour of the informant and other accused persons. The

          petitioner has not done anything. The allegation against the

          petitioner and others is general and omnibus. There is no

          specific allegation. Further submission is that the police after

          investigation has submitted charge-sheet under Sections 105,

          61(2) and 3(5) of the Bharatiya Nayaya Sanhita, 2023, and not

          under Section 103(1) of the Bharatiya Nayaya Sanhita, 2023.

          Lastly, it is submitted that the petitioner is in custody since

          30.09.2025 having clean antecedents.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

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

          each to the satisfaction of the J. M. 1st Class, Jhanjharpur, in
            Patna High Court CR. MISC. No.82 of 2026(2) dt.15-01-2026
                                                        3/3




                      Madhepur PS Case No.178 of 2025.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-
U       T

Continue reading with your account

Checking your session…