Patna High Court
Hira Lal Singh @ Heera Lal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Hira Lal Singh, an ex‑army man now serving in the State Auxiliary Police, was arrested for allegedly driving a police vehicle while intoxicated and colliding with a three‑wheeler carrying the handicapped son of an informant, resulting in the son’s death. He was charged under Sections 281, 125(a), 125(b) and 109(1) of the B.N.S., 2023. The petitioner contended that he was not drunk, that there was no material evidence of intoxication, that he had no motive to kill the informant’s son, and that he possessed a clean antecedent. The State opposed bail, citing the seriousness of the offences. The Court, noting the absence of evidence of drunken driving, the petitioner’s clean record, his short period of custody and his nature of employment, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail despite charges of culpable homicide and related offences.
- Whether the prosecution has produced sufficient material to justify denial of bail on the ground of drunken driving.
- Whether the petitioner poses a flight risk or threat to the investigation.
Legislation cited
- B.N.S., 2023 — s. 109(1), 125(a), 125(b), 281
- B.N.S.S. — s. 480(3)
Subjects
- bail
- drunken driving
- culpable homicide
- police vehicle
- clean antecedent
- Section 281
- Section 125
- Section 109
- Section 480
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1537 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- KOCHAS District- Rohtas
======================================================
Hira Lal Singh @ Heera Lal Singh S/o Late Potan Singh, R/o Village -
Charpurwa, Rajpur, P.S. - Sanjhauli, Distt.- Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sukesh Ranjan, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 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 Kochas P.S. Case No. 269 of 2025 dated
06.11.2025, registered for the offences punishable under
Sections 281, 125(a), 125(b) and 109(1) of the B.N.S., 2023.
3. As per the prosecution case, the petitioner in a
case of drunken driving, driving a police vehicle, hit the three-
wheeler of the handicapped son of the informant in which some
passengers were sitting. The son of the informant received
injuries and died during his treatment.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case and was not drunk at the time of the incident.
No material has come up on record showing consumption of
Patna High Court CR. MISC. No.1537 of 2026(2) dt.15-01-2026
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alcohol by the petitioner. The case has been lodged with the
allegation that the petitioner deliberately hit the vehicle of the
son of the informant in order to cause his death. But, the
petitioner had not been knowing the son of the informant and
could not have any intention to cause his death. The petitioner is
an ex-army man, currently working in State Auxiliary Police.
The informant is not the eyewitness to the alleged occurrence.
Learned counsel next submits that petitioner is having clean
antecedent. Learned counsel lastly submits that petitioner is in
custody since 06.11.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and the absence of material to show the case
of drunken driving and further considering the period of custody
of the petitioner, his clean antecedent and the nature of his job,
the petitioner, above-named, is directed to be 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 Sub-Judge-VIII-cum-Additional Chief
Judicial Magistrate, Rohtas at Sasaram / concerned Court, in
Patna High Court CR. MISC. No.1537 of 2026(2) dt.15-01-2026
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connection with Kochas P.S. Case No. 269 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 absence on three consecutive dates
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
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