Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1533 of 2026 Arising Out of PS. Case No.-33 Year-2023 Thana- KHIRI MORE District- Patna ====================================================== 1.
Prakash Kumar S/o Sanjeevan Yadav 2.
Amarjeet Kumar @ Guddu S/o Late Arun Singh 3.
Raj Kumar S/o Ram Vinay Prasad @ Vinay Prasad 4.
Aniket Kumar S/o Binod Prasad, All R/o Village - Nirakhpur, P.S - Khiri More, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehends their arrest in connection with Khiri More Case No.33 of 2023 registered for the offence under Sections 304/34 of the Indian Penal Code.
3. Prosecution case in short, is that, on the basis of written report of informant, Aakash Raj aged about 19 years son of informant had died by electric shock, but due to being busy with the funeral informant was not able to submit the application yesterday before police station. It is further alleged that informant after returning from the ceremony when the matter was investigated, this matter came to light that his covillagers 1. Prakash Kumar Son of Sanjeevan Yadav, 2.
Patna High Court CR. MISC. No.1533 of 2026(2) dt.28-01-2026 2/3 Amarjeet Kumar @ Guddu Son of Late Arun Singh, 3. Aniket Kumar Son of Binod Prasad, and 4. Raj Kumar Son of Vinay Prasad, were fishing by passing electric current in the Loai River near the village. Where Aakash Raj aged about 19 years son of informant also went with Akash Kumar Son of Late Dinesh Mahto of the village and after seeing the all persons fishing, both of these also entered the river water and at that time there was no electric current flowing in the river but after some time when Aakash Raj was alone in the river water, at that moment, someone of the fishermen put electric current in the river water, it caused the death of Aakash Raj son of the informant after being struck by electric current. It is further alleged that informant suspect that with the intention of killing to the son of informant namely Aakash Raj an electric current was deliberately passed through the river water.
4. Learned counsel for the petitioners submits that petitioners are innocent and has committed no offence and they have falsely been implicated in this case. Learned counsel for the petitioners further submits that the entire allegation against the petitioners is based on suspicion and the body of the deceased was disposed of without there being any postmortem.
Patna High Court CR. MISC. No.1533 of 2026(2) dt.28-01-2026 3/3
5. The learned APP opposes the anticipatory bail application.
6. Considering the fact that the entire allegation against the petitioners is based on suspicion and also that the body of the deceased was disposed of without there being any postmortem done, in such circumstances, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Danapur, Patna in connection with Khiri More Case No.33 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C./under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J) Prakash Narayan U T