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Patna High Court

Neyaz Alam @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioner be released on bail, subject to conditions, despite the addition of non‑bailable charges.

Summary

Neyaz Alam was implicated in a road‑accident case originally registered under bailable offences under Sections 279 and 304A of the Indian Penal Code. After three years of investigation, the police added non‑bailable charges under Sections 341, 304 and 504, alleging that the deceased was pushed before the truck. The petitioner, having no criminal antecedent, argued that the new facts were introduced to aggravate the case and did not show an intention to cause death, and he sought bail fearing arrest. The State opposed the bail. The Patna High Court, noting the lapse of time and the nature of the added charges, granted conditional bail, directing the petitioner to surrender within four weeks with a bond of Rs 10,000 and two sureties, subject to Section 438(2) CrPC and Section 482(2) BNSS, 2023.

Issues considered

  • Whether bail can be granted when non‑bailable offences are added after a three‑year period.
  • Whether the addition of Sections 341, 304 and 504 indicates an intention to cause death warranting denial of bail.
  • Whether anticipatory bail is appropriate given the change in the nature of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • non‑bailable offences
  • Section 438 CrPC
  • Section 482 BNSS
  • Indian Penal Code
  • culpable homicide
  • road accident negligence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19960 of 2026
                    Arising Out of PS. Case No.-290 Year-2022 Thana- MEHANDIA District- Jehanabad
                 ======================================================
                 Neyaz Alam @ Sonu S/o Bafiz Shabir Ansari @ Babir Ansari Resident of
                 Village- Narak Bigha, P.S-Mehandia, District- Arwal

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 279 and

                   304A of the Indian Penal Code, later on Section 341, 304 and

                   504 of the Indian Penal Code was added.

                                   3.    Earlier the prayer for anticipatory bail of the

                   petitioner had been withdrawn by way of Annexure-P/1 vide

                   order dated 21.07.2025 passed in Cr. Misc. No.622 of 2025, as

                   the F.I.R. had been registered under bailable sections of the

                   Indian Penal Code. However, it has been pointed out that,

                   subsequently, in course of investigation, after three years, non-

                   bailable sections have been added which would be apparent

                   from the F.I.R.
Patna High Court CR. MISC. No.19960 of 2026(2) dt.03-04-2026
                                            2/3




                          4. The allegation is only confined to an accident

          caused by a speeding truck which was being driven with

          negligence. However, subsequently, the allegation has been

          introduced that the deceased was pushed before the truck on

          account of which his death took place.

                          5.    It is submitted by learned counsel for the

          petitioner that such introduction of new facts has been done by

          a design in order to increase the gravity of the offence. In any

          view of the matter, it has been submitted that the provision

          which has been newly inserted also does not indicate the

          intention to cause death of the deceased. The petitioner has no

          criminal antecedent.

                          6.    Learned APP for the State opposed the prayer

          for bail.

                          7. Taking into consideration the facts and

          circumstances of the case and also considering the fact that after

          lapse of three years, non-bailable sections have been added after

          introduction of new facts, let the above named petitioner, be

          released on bail, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks from today,

          on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
            Patna High Court CR. MISC. No.19960 of 2026(2) dt.03-04-2026
                                                        3/3




                      the learned Court below where the case is pending/successor

                      Court in connection with Mahendia P.S. Case No. 290 of 2022,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C./Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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