Patna High Court
Ved Prakash @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Ved Prakash was arrested in a case under Sections 281 and 106 of the Bharatiya Nyaya Sanhita for allegedly ramming a cyclist with his car, causing the victim's death, and subsequently colliding with an electric pole. The petitioner contended that the incident was an accident that occurred in dense fog while he was returning home, and pointed out that the victim's bicycle was not recovered, undermining the prosecution's version. He also highlighted his clean antecedent. The State opposed the bail application. The Court, after considering the nature of the accusation, the material on record, and the petitioner's clean antecedent, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the alleged offences under Sections 281 and 106 of the Bharatiya Nyaya Sanhita?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 106, 281
Subjects
- anticipatory bail
- criminal procedure
- Section 281
- Section 106
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- accident defense
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19911 of 2026
Arising Out of PS. Case No.-971 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Ved Prakash @ Guddu S/o- Late Vishundev Singh Resident of Bal Vidya
Niketan School P.S- Masaurhi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Navin Kumar Sinha, Advocate
For the Opposite Party/s : Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 281, 106 of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 19.12.2025 at
about 7:30 PM, when brother of the informant was returning
home on a bicycle, this petitioner dashed him from his car from
behind as a result of which, he died on the spot. It is further
alleged that after the aforesaid incident, car of the petitioner hit
an electric pole due to which, the pole broke down and car got
stuck in it along with the bicycle of the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, it was an accidental death. Petitioner runs a coaching
Patna High Court CR. MISC. No.19911 of 2026(2) dt.07-04-2026
2/2
institute and on the date of occurrence, he was returning home at
10 PM, in a dense fog, he met with an accident by hitting from
an electric pole. As per seizure memo prepared on 21.12.2025,
cycle of the deceased was not found at the place of occurrence
which itself falsifies the prosecution story. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, materials
available on record and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Masaurhi, Patna in
connection with Masaurhi P. S. Case No. 971 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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