Patna High Court

Sudhir Kumar @ Lalo Singh @ Sudhir Singh @ Lallo singhversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The petition for anticipatory bail is allowed.

Summary

Sudhir Kumar, the brother of Sudin Singh, was named as an accused in FIR No. 667 of 2023 under Sections 304 and 34 of the IPC for the death of an informant’s brother who allegedly stepped on a live wire in a field. The petitioner contended that the death was accidental and that he had no malicious intent, being implicated only because of his familial relationship. The State opposed the petition for anticipatory bail. The Court examined the FIR and found no indication of the petitioner’s participation in the alleged offence, concluding that he was not likely to tamper with evidence or influence the investigation. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023. The petitioner was ordered to surrender within four weeks and to cooperate with the investigation.

Issues considered

Whether anticipatory bail should be granted to a person named as an accused solely on the basis of familial relationship and alleged accidental death.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 304, 34

Subjects

anticipatory bail
IPC 304
IPC 34
accidental death
electrocution
bail bond
Section 438
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89789 of 2025
                          Arising out of PS. Case No.-667 Year-2023 Thana- BARH District- Patna
                 ======================================================
                 Sudhir Kumar @ Lalo Singh @ Sudhir Singh @ Lallo singh S/o Suresh Singh
                 Resident of village - Berhna,Tola- Bujruk, Ward no.-07, P.S- Barh, Dist.-
                 Patna.                                                  ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Aryan Singh, Advocate
                 For the Opposite Party/s:        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Barh P.S. Case No. 667 of 2023 registered under sections

                   304/34 of the Indian Penal Code.

                                3. The allegation in the First Information Report is

                   that the brother of the informant had stepped on live wire in the

                   field of Sudin Singh which caused his death.

                                4. Learned counsel for the petitioner submits that it

                   would be apparent from the First Information Report itself that

                   the death of the deceased has been caused accidentally upon the

                   deceased stepping on live wire and there is no allegation that the

                   same was done with any malicious intention. It is further sub-

                   mitted that the name of the petitioner has also been arrayed as
                       Patna High Court CR. MISC. No.89789 of 2025(2) dt.15-01-2026
                                           2/2




            accused at the fag end of the FIR as he happened to be the

            brother of Sudin Singh since there was no partition of the fields

            made in between the brothers.

                      5. The application for anticipatory bail is opposed by

            learned A.P.P. for the State.

                      6. Taking into consideration the facts and circum-

            stances of the case and considering the fact that the petitioner

            does not appear to be indulged in the alleged offence but fact is

            that he happens to be the brother of Sudin Singh in whose field

            the deceased died on stepping on live wire, let the petitioner,

            above named, in the event of his arrest or surrender before the

            learned Court below within a period of four weeks, be released

            on anticipatory bail in connection with Barh P.S. Case No. 667

            of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten

            Thousand) with two sureties of the like amount each to the satis-

            faction of the learned Additional Chief Judicial Magistrate-I,

            Barh, Patna, subject to the condition laid down under Section

            438(2) of the Code of Criminal Procedure/Section 482(2) of the

            B.N.S.S, 2023 and subject to the further condition that he shall

            co-operate in investigation/trial.


                                                  (Soni Shrivastava, J)
Vikash/-
U       T

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