Bhutel Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90775 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- BAGENGOLA District- Buxar ====================================================== Bhutel Yadav S/o Bhalu Yadav Resident of Village - Baruhan, P.S.- Bagen Gola, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kr Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr. Akhilesh Kr. Pandey, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.11.2025 in connection with Bagen Gola P.S. Case No. 82 of 2025, F.I.R. dated 07.09.2025 for the offences punishable under Sections 105, 351(2), 352 and 3(5) of the BNS, 2023.

3. According to prosecution case, this petitioner along with other accused persons installed electric wire around his field with 440 volt electric supply due to which the informant's son died after coming in contact with the same.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in

Patna High Court CR. MISC. No.90775 of 2025(2) dt.13-01-2026 2/3 the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the allegation against the petitioner is that he has installed electric wire fencing near his vegetable field and had connected it with 440 volt electric supply. On 06.09.2025, the informant's son, namely, Ankush Kumar came in contact with the line wire and subsequently died. He further submits that there is no intention to kill the son of the informant and the petitioner has installed the said fencing to protect his field from cattle. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.11.2025.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one but fairly submits that he is on bail in both the pending matters.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Bagen Gola P.S. Case No. 82 of 2025,

Patna High Court CR. MISC. No.90775 of 2025(2) dt.13-01-2026 3/3 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T