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Patna High Court

Ved Prakash @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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