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Patna High CourtCR. MISC./43840/2025bail granted

Rajdhan Yadav v. The State Of Bihar

2025-07-16Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43840 of 2025 Arising Out of PS. Case No.-482 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Rajdhan Yadav S/o- Late Thakur Dayal Yadav Village- Chandarpura PsBrahmpur District- Buxar 2.

Rajgrih Yadav @ Raj Pratik Yadav S/o- Rajdhan Yadav VillageChandarpura Ps- Brahmpur District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Usha Devi W/o- Late Mantu Yadav Village- Chandarpura Ps- Brahmpur District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Brahampur P.S. Case No. 482 of 2024 lodged on 12.12.2024, for the offence punishable under Sections 105 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners against whom there is an allegation that they have installed naked electric wire for watering their field, but unfortunately,

Patna High Court CR. MISC. No.43840 of 2025(2) dt.16-07-2025 2/3 husband of the informant got electric shock from the said wire and died on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that he has annexed Annexure-P/2 i.e. letter dated 21.08.2024 by which the U.D. case has been lodged for such occurrence and post-mortem also takes place and last rituals have been performed. Counsel submits that subsequently, after lapse of about four months, the present case has been lodged. Counsel also submits that in the rejection order, it has been acknowledged that the petitioners were holder of a valid electric connection and it has also been acknowledged during the investigation that due to bad weather, the said line was fell down and unfortunately, informant suffered electric shock due to his ignorance. Counsel submits that the petitioner no.1 has no criminal antecedent, but petitioner no.2 has one criminal antecedent in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that at the time of considering the case diary, every factual matrix has already been acknowledged by the Sessions Court in the order sheet.

6. As such, in the present facts and circumstances of

Patna High Court CR. MISC. No.43840 of 2025(2) dt.16-07-2025 3/3 this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Brahampur P.S. Case No. 482 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T