Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail could not be granted due to the seriousness of the alleged offences and the conflicting evidence regarding the driver's identity.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail in connection with a motor accident case (Bakhtiyarpur P.S. Case No. 70 of 2025) alleged under sections 281 and 106 of the Bihar Motor Vehicles Act, 2023. The FIR states that a Scorpio vehicle collided with a pedestrian, resulting in the death of Rahul Kumar (deceased) and serious injury to Golu Kumar. The petitioner claims the FIR incorrectly identifies him as the driver, asserting that Avinash Kumar was actually driving the vehicle, while the prosecution relies on a statement from the vehicle owner that the petitioner was behind the wheel. The court examined the conflicting statements and the gravity of the accident, concluding that the seriousness of the offence outweighed the petitioner's claim. Consequently, the anticipatory bail application was rejected, with the court directing the petitioner to surrender within four weeks for trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under sections 281 and 106 of the Bihar Motor Vehicles Act, 2023.
- Whether the petitioner was the driver of the vehicle at the time of the accident as alleged in the FIR.
Subjects
- anticipatory bail
- motor accident
- sections 281
- section 106
- Bihar Motor Vehicles Act
- FIR
- driver identification
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14295 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Rahul Kumar Son of Nagmani Yadav Resident of village - Kachra, Police
Station - Bena, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Bakhtiyarpur P.S. Case No. 70 of 2025 for the offence
registered under sections 281, 106 of the BNS, 2023.
3. As per the prosecution story, the informant alleged
that on 16.02.2025, while his son, Rahul Kumar (deceased) was
going to buy petrol, in the meantime, a Scorpio bearing
Registration No. BR-01-PK-0991 coming from opposite
direction near Raghopur upper bridge, dashed with such a force
that he died on the spot and his friend, Golu Kumar was
seriously injured. This led to the FIR.
4. As the story unfolds, the Scorpio owner, Prince
Kumar came forward and informed that it was being driven by
his brother-in-law, Rahul Kumar (petitioner herein) in which
Patna High Court CR. MISC. No.14295 of 2026(3) dt.29-04-2026
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Avinash Kumar was also sitting and after the accident, they left
the car and fled away to save themselves from the public who
were assembling.
5. Learned counsel for the petitioner submits that the
FIR shows that Avinash Kumar was driving the vehicle and
subsequently, the name of this petitioner has cropped up.
6. Learned APP, on the other hand, opposes the prayer
submitting that his own brother-in-law who owns the car has
made the statement that it was not Avinash Kumar but this
petitioner who was driving the car.
7. Having heard the parties, it is unfortunate that a
precious life who was so young has to leave this world only
because the accused persons were enjoying the rash driving. His
friend, Golu Kumar is still battling for life, in that background,
it would be appropriate that the petitioner seek bail.
8. The anticipatory bail application stands rejected.
9. However, if the petitioner surrenders within four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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