Patna High Court
Bhutel YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Petitioner Bhutel Yadav was arrested in connection with a case where the son of an informant died after touching an electric fence installed by the petitioner. The FIR alleged offences under Sections 105, 351(2), 352 and 3(5) of the BNS, 2023. The petitioner claimed innocence, stating the fence was meant to protect his field from cattle and there was no intent to kill. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already out on bail for those matters. The court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges and his prior criminal antecedents.
Legislation cited
- BNS, 2023 — s. 105, 3(5), 351(2), 352
Subjects
- bail
- criminal antecedent
- electric fence
- death by electrocution
- BNS 2023
- Sections 105
- Section 351(2)
- Section 352
- Section 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90775 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- BAGENGOLA District- Buxar
======================================================
Bhutel Yadav S/o Bhalu Yadav Resident of Village - Baruhan, P.S.- Bagen
Gola, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kr Pandey, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Akhilesh Kr. Pandey, learned counsel for
the petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.11.2025 in connection with Bagen Gola P.S. Case No. 82 of
2025, F.I.R. dated 07.09.2025 for the offences punishable under
Sections 105, 351(2), 352 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons installed electric wire around his
field with 440 volt electric supply due to which the informant's
son died after coming in contact with the same.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
Patna High Court CR. MISC. No.90775 of 2025(2) dt.13-01-2026
2/3
the F.I.R is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. He further
submits that the allegation against the petitioner is that he has
installed electric wire fencing near his vegetable field and had
connected it with 440 volt electric supply. On 06.09.2025, the
informant's son, namely, Ankush Kumar came in contact with
the line wire and subsequently died. He further submits that
there is no intention to kill the son of the informant and the
petitioner has installed the said fencing to protect his field from
cattle. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 03.11.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in both
the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Buxar in connection with Bagen Gola P.S. Case No. 82 of 2025,
Patna High Court CR. MISC. No.90775 of 2025(2) dt.13-01-2026
3/3
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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