Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46654 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== Shailendra Kumar S/O Late Sukhdeo Prasad R/O Village- Shyam Nagar, P.SKutiyapar, P.S. and Distt.- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parasbigha P.S. Case No. 136 of 2025 instituted for the offences under Sections 105, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that while working as a labourer at a construction site, the deceased Hemant Bind came into contact with an allegedly live electric wire and suffered a fatal electric shock.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of eighteen days in lodging the FIR without any plausible

Patna High Court CR. MISC. No.46654 of 2026(2) dt.20-07-2026 2/3 explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. He further submitted that the name of petitioner is being dragged in this case merely because he happens to be the owner of the construction site where the alleged occurrence took place. Learned counsel further submitted that the alleged occurrence was a case of accidental electrocution with no material to establish intention or mens rea under Section 105 of the B.N.S. Police, after completion of the investigation, submitted chargesheet. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2026 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parasbigha P.S. Case

Patna High Court CR. MISC. No.46654 of 2026(2) dt.20-07-2026 3/3 No. 136 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T