Patna High Court
Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Dhirendra Kumar, was arrested in connection with the death of an informant's brother, alleged to have been caused by his driving a Scorpio vehicle. He faced charges under Sections 125(a), 125(b), 281 and 105 of the B.N.S., with the prosecution alleging he was drunk and caused the fatal accident. The petitioner contended he was innocent, argued that if intoxication were proven the appropriate charge would be under Section 106, and highlighted his clean criminal record and that he had been in custody since 10‑12‑2025. The State opposed bail, maintaining the seriousness of the alleged offences. After hearing both sides, the Court considered the lack of prior convictions, the arguments about intoxication, and the circumstances of the case, and decided to enlarge the petitioner on bail upon furnishing a bond and sureties. Consequently, the petitioner was released on bail with a Rs.10,000 bond and two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under Sections 125(a), 125(b), 281 and 105 of the B.N.S.
Legislation cited
- B.N.S. — s. 105, 106, 125, 281
Subjects
- bail
- criminal procedure
- intoxication
- vehicular homicide
- Section 125
- Section 106
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5120 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Dhirendra Kumar, S/o- Raj Kishor Singh, R/o Village- Narwar, PO- Kochas
PS- Dinara, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kargahar P.S. Case No. 373 of 2025 registered for the offence
punishable under Sections 125(a), 125(b), 281 and 105 of B.N.S.
3. The case of the prosecution, in short, is that the
brother of the informant who was travelling on the overloaded
tractor was dashed by this petitioner who was driving a Scorpio
due to which he died.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. It is alleged in
the F.I.R. that the petitioner was drunk. It has further been
submitted that from perusal of the Annexure-P/2 it will transpire
that first of all the petitioner was booked in excise case and after
Patna High Court CR. MISC. No.5120 of 2026(2) dt.04-02-2026
2/2
that, he was booked in this case. It has further been submitted that
if the petitioner was drunk and has dashed the deceased with his
vehicle, he should have been booked first of all under Section 106
of the B.N.S. This shows that on the date of the occurrence, only
the petitioner was drunk and accident did not take place from his
vehicle. Moreover, learned counsel for the petitioner has submitted
that the act of the petitioner was not intentional as he is having
bonafide driving license and the vehicle was insured as well.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 10.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-IV-
cum-Sub-Judge-12, Sasaram, Rohtas in connection with Kargahar
P.S. Case No. 373 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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