Patna High Court
Raj Kumar @ Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the incident was an accident and the petitioner has a clean antecedent, anticipatory bail should be granted.
Summary
The petitioner, Raj Kumar, was named in an FIR for alleged offences under several sections of the Bhartiya Nyay Sanhita, 2023 and the Bihar Prohibition & Excise Act, 2016, arising from a collision between his private Scorpio and a police vehicle that injured a police officer. The petitioner contended that the incident was a mere accident, that he was merely a passenger, and that there was no intention to cause death, emphasizing his clean antecedent. The State opposed his request for anticipatory bail. The Court examined the factual matrix, noting the accident nature and the petitioner’s clean record, and concluded that the allegations did not warrant pre‑emptive detention. Consequently, the Court ordered that the petitioner surrender within four weeks and be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is liable for the offences alleged in the FIR given that the incident was an accident.
- Whether anticipatory bail is appropriate in the circumstances.
- Whether the provisions of the Bhartiya Nyay Sanhita and the Bihar Prohibition & Excise Act apply to the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 121(1), 121(2), 125, 132, 281
- Bihar Prohibition & Excise Act, 2016 — s. 37(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- accident
- criminal liability
- clean antecedent
- Bhartiya Nyay Sanhita
- Bihar Prohibition & Excise Act
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40920 of 2026
Arising Out of PS. Case No.-237 Year-2026 Thana- KHAJANCHI HAT District- Purnia
======================================================
Raj Kumar @ Navin Kumar Son of Sri Dinesh Kumar Yadav @ Dinesh
Yadav Resident of Village- Maranga, P.S.- Maranga, District- Purnea
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with K. Hat P.S. Case
No. 237 of 2026 registered for the offences punishable
under Sections 281, 125, 115(2), 118(1), 109, 132, 121(1) &
121(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’) and section 37(1) of the Bihar Prohibtion &
Excise Act, 2016.
3. As per FIR, named co-accused persons dashed the
police vehicle causing bodily injury to the police personnel.
The apprehended named co-accused persons was found in
drunken condition.
Patna High Court CR. MISC. No.40920 of 2026(2) dt.24-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that admittedly in view of FIR, this is a
case of accident of private vehicle i.e. Scorpio, with police
vehicle, where one police personnel received injury on leg.
5. It is submitted that one of the apprehended co-
accused persons named this petitioner as he was also sitting
inside the car. It is submitted that if the disclosure of the
apprehended co-accused persons be accepted in totality, it
does not make any offence against this petitioner. It is
submitted that the factual aspects of this case nowhere
suggests that the act of petitioner is within the ambit of
intention to cause death as occurrence admittedly is an
accident. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and
by taking note of the fact as occurrence admittedly is an
accident between the two vehicles as discussed aforesaid
accordingly, above-named petitioner, who is a man of clean
antecedent, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
Patna High Court CR. MISC. No.40920 of 2026(2) dt.24-06-2026
3/3
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise Court No. 1, Purnea/concerned court in connection
with K. Hat P.S. Case No. 237 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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