Mohit Thakur @ Mohit Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13488 of 2026 Arising Out of PS. Case No.-117 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Mohit Thakur @ Mohit Sharma S/o Shivpujan Thakur @ Shiv Pujan Sharma R/o Village - Uchchidih, P.S - Palanwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the petitioner was married to one Sita Devi (deceased) two years ago. On 10.05.2024, the informant came to know that the deceased has died. When the informant reached the hospital he found that his daughter has died due to electrocution.
4. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that there is no allegation against the petitioner rather the allegation is against the brother-
Patna High Court CR. MISC. No.13488 of 2026(3) dt.09-04-2026 2/3 in-law and mother-in-law. Learned counsel for the petitioner has further submitted that in this case, the informant has deposed before the trial court and has stated that he came to know that his daughter has died due to electrocution. He has not alleged as to who was responsible for electrocution. It has further been submitted that from perusal of the post-mortem report it will transpire that the doctor conducting autopsy of the deceased has found following ante-mortem injuries:- (i) Face congested and intact.
(ii) Froth coming out of nostrils.
(iii) Superficial to deep burn of size- 3" x 1" found 4" below the left knee joint on shin of tibia. (iv) Superficial to deep burn, more deep than left side, involving bone found 4" below the right knee joint on shin of tibia.
(v) Both burn injuries are at same level and transverse in shape.
The doctor has opined that cause of death is "due to cardiac arrest likely due to cardiac arrhythmia due to electric injuries as mentioned above, but as mentioned in inquest, probable caused to be tetnus toxoid vaccination, hence viscera have been preserved for FSL Examination".
Patna High Court CR. MISC. No.13488 of 2026(3) dt.09-04-2026 3/3
5. From very beginning it is the case of the petitioner that the deceased was pregnant and she was admitted in hospital where high dose of injection was administered and from the case of the prosecution it is clear that she has died due to electrocution, moreover the petitioner is in judicial custody since 20.11.2024.
6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Session Trial No. 221 of 2025, arising out of Ramgarhwa P.S. Case No. 117 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions JudgeXVIth, East Champran, Motihari. (Ashok Kumar Pandey, J) durgesh/- U T