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Patna High Court

Keshav Kumar Singh @ Keshav SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.73631 of 2025(3) dt.21-01-2026
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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
Patna High Court CR. MISC. No.73631 of 2025(3) dt.21-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.73631 of 2025(3) dt.21-01-2026
                                                        4/4




                      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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