Patna High Court
Keshav Kumar Singh @ Keshav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioner, finding no sufficient evidence to justify continued detention.
Summary
The petitioner, Keshav Kumar Singh, was arrested in connection with a road accident that resulted in the death of an informant's parents. The FIR charged him under Sections 281, 106(1), 105 and 238 of the BNS, although his name was not originally mentioned. The petitioner argued that he neither owned nor drove the vehicle involved; the driver, Ram Bilas Das, had confessed to being behind the wheel, and the petitioner’s name surfaced only from a co‑accused’s statement. The State opposed bail, contending the petitioner’s involvement. The court examined the FIR, the driver’s affidavit, and the co‑accused’s confession, concluding that there was insufficient direct evidence against the petitioner. Consequently, the court granted bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner can be granted bail despite being implicated only through a co‑accused’s confessional statement.
- Whether the petitioner’s alleged involvement under Sections 281, 106(1), 105 and 238 of the BNS is substantiated by the evidence.
- Whether the driver’s affidavit and the co‑accused’s confession are sufficient to sustain the charge against the petitioner.
Legislation cited
- BNS — s. 105, 106(1), 238, 281
Subjects
- bail
- criminal procedure
- road accident
- culpable homicide
- confessional statement
- co‑accused
- BNS
- Sections 281, 106(1), 105, 238
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73631 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Keshav Kumar Singh @ Keshav Singh, Male, aged about 34 years, Son of
Raghavendra Narayan Singh @ Ragho Singh, Resident of Village- Teghra,
P.S- Balwahat,District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Kishore Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Saur
Bazar (Saharsa) P.S. Case No. 178 of 2025 instituted for the
offences punishable under Sections 281, 106(1), 105 and 238 of
the BNS.
3. As per allegation in the FIR, informant’s father and
mother were sitting by the road-side, suddenly one four wheeler
which was coming from Sonbarsha Raaj side, dashed
informant’s father and mother, as a result of which they died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
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falsely been implicated in this case. He submits that the
petitioner was not one who was driving the said Creta Car, even
though it was the own car of the family of the petitioner which
was gifted by the in-laws to the son of the family at the time of
marriage. He further submits that the said alleged Creta Car by
which the alleged accident occurred, was being driven by the
driver of the car namely Ram Bilas Das. He next submits that
the said driver Ram Bilas Das (one of the co-accused)
surrendered before Saur Bazar Police Station and gave a
confessional statement that he was driving the car at the time
when the accident occurred. He lastly submits that the name of
the petitioner surfaced during the course of investigation only
on the basis of the confessional statement of co-accused Sunil
Kumar, who has been granted bail by this Court. Petitioner has
got clean antecedent as stated in para 3 of the petition is in
custody since 04.08.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Additional Sessions Judge-1st, Saharsa dated
19.09.2025, it appears that petitioner is not named in the FIR
and his name transpired in this case during the course of
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investigation. From perusal of the records, it appears that the
document which has been produced by learned counsel for the
petitioner, on the basis of written report of the informant,
namely, Butan Kumar, FIR has been registered under Sections
281, 106(1), 105 and 238 of the BNS against unknown persons
and during course of investigation, the name of the petitioner
has been surfaced only on the basis of confessional statement of
one co-accused, namely, Sunil Kumar. Similarly situated co-
accused namely Sunil Kumar has been granted bail by this
Court in Cr. Misc. No. 61713 of 2025 vide order dated
10.12.2025. From perusal of records of Annexure-P-2 and
Annexure- P-2/A (Page nos. 20 and 22) that one Ram Bilas Das
filed an affidavit before the learned Chief Judicial Magistrate-II,
Saharsa admitting that he is the driver of the vehicle bearing
Registration No. BR19T4571 to which the accident occurred, so
it is clear that petitioner is neither the driver nor the owner of
the vehicle, so considering all these aspects of the case and
submissions of learned counsel for the petitioner, I am inclined
to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Saharsa in connection with Saur
Bazar P.S. Case No. 178 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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