Pribhuwan Pandit @ Tribhuwan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78555 of 2025 Arising Out of PS. Case No.-387 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
Pribhuwan Pandit @ Tribhuwan Pandit S/o Late Bharmadeo Pandit R/o village- Thika Bankat, P.S.- Pakaridayal, Dist- East Champaran 2.
Rameshwar Pandit S/o- Sri Pandit R/o village- Thika Bankat, P.S.- Pakaridayal, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar II, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 105 and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Tribhuwan runs an electric motor after hanging an electric wire in a bamboo's stick from the field of the informant, further on 21.08.2025 at about 6.30 A.M. her husband was going to his field, when he came in contact with the live electric wire fixed by Tribhuwan and died at the spot as disclosed by the
2/4 villagers.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no allegation is alleged against the petitioner no.2 rather the thrust of the allegation is against petitioner no.1. It is further submitted that informant herself alleges that Tribuhuwan was running an electric motor after hanging an electric wire in a bamboo's stick from the field of informant, which amply demonstrates that informant was aware that such illegal act is being done by Tribhuwan but then no objection was raised until the occurrence is alleged to have taken place.
It is submitted that had Tribhuwan been using the electric wire for running an electric motor illegally and that too by hanging of wire from a bamboo in the field of the informant in that event informant or her husband would have objected but then that is not the case. It is also submitted that informant is not an eyewitness to the occurrence nor the name of the villager is disclosed in the FIR, who informed the informant about the occurrence. It is asserted and submitted that allegation of using illegal electricity connection for running an electric motor is false and fabricated.
3/4 It is further submitted that when informant came to know about the real fact the matter was compromised also.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is specific allegation against petitioner no.1 of committing an illegal act leading to the death of the husband of the informant but then fairly submits that no specific allegation is alleged against petitioner no.2.
6. After hearing the learned counsel for the parties, the petitioner no.2, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Pakaridayal P.S. Case No.387/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, with regard to the petitioner no.1, it is directed that he would be released on anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount in the aforesaid
4/4 case, till filing of the charge sheet.
(Satyavrat Verma, J) amit/- U T