Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71877 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Pankaj Singh @ Pankaj Kumar Singh Son of Subhash Singh Resident of Village - Daftarpur, Police Station - Doriganj, District - Saran, Pini Code - 841211 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabeen Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Doriganj P.S. Case No. 151 of 2024 registered for the offences punishable under Sections 105 of the B.N.S.

3. As per prosecution case, informant has claimed that petitioner has caused the death of informant's husband through naked electric wire located at his agricultural field.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel further submits that at the alleged place of occurrence there is an electric pole from which 11000 volts

Patna High Court CR. MISC. No.71877 of 2024(3) dt.13-05-2025 2/3 current runs through wire and due to technical fault the current started flowing in the earthing wire and accidentally husband of the informant slipped and his feet touched the earthing wire of the pole and due to said reason, the informant's husband died. Learned counsel for the petitioner has submitted that petitioner is a progressive farmer and runs his agricultural activity and proper fencing has been made around the agricultural field. The said activity of progressive approach has been disliked by some of the village men who is against the progressive approach of the petitioner.

Learned counsel submits that an attempt was made to destabilize his agricultural activity by falsely roping the petitioner, in a case where proper information was given to the police on the day of occurrence but FIR was lodged after delay of 6 days from the date of occurrence, which clearly questions the authenticity of the prosecution story. Further, by no stretch of imagination, a person having progressive approach would put naked wire at his agriculture filed for causing harm to others. There was neither any intention nor was any deliberate act on the part of the petitioner for committing such offence. Learned counsel further submits that petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State as well as

Patna High Court CR. MISC. No.71877 of 2024(3) dt.13-05-2025 3/3 learned counsel for the informant vehemently oppose the prayer for anticipatory bail of the petitioner and submit that there is allegation against the petitioner of fencing the agricultural field with naked wire and the victim came in contact with the said wire and died on the spot due to electric shock and the same is corroborated by the postmortem report.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class Chapra at Saran in connection with Doriganj P.S. Case No. 151 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T