Lalbabu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55516 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== Lalbabu Prasad S/o Late Bikrama Prasad, Resident of Village- Mainatand, P.S.- Mainatand, Distt- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the State :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Mainatand P.S. Case No. 102 of 2025 dated 23.05.2025, registered for the offences punishable under Sections 118(2) and 109 read with Section 3(5) of the BNS.
3. As per the prosecution case, the petitioner placed barbed wire around his orchard and electrified it. Two children of the village came near the wire and received electric shock and their lives were saved with much effort.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. No occurrence in the
Patna High Court CR. MISC. No.55516 of 2025(3) dt.18-11-2025 2/3 manner as alleged has ever taken place. The Electricity Department supplied the electricity through the wire which fell down in the field of the petitioner due to bad weather and the informant's son received electric shock while crossing the field. In order to pressurize the petitioner, this false case has been lodged. The son of the informant received simple injuries and the informant has lodged this case without any cogent evidence or material. Learned counsel next submits that petitioner is having antecedent of five cases, but all these cases are result of village politics and the petitioner is on bail in all these cases. Learned counsel lastly submits that petitioner is in custody since 25.05.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner and submits that injury report of the children shows that they received injuries on their palm and this is possible only when they came in contact with the electrified wire.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injuries of children of the informant and also considering the submission of chargesheet and petitioner's period of custody, the petitioner, above-named, is directed to be
Patna High Court CR. MISC. No.55516 of 2025(3) dt.18-11-2025 3/3 released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, West Champaran, Bettiah / concerned Court, in connection with Mainatand P.S. Case No. 102 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T