Patna High Court
Rohit Baitha @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to Ram Kumar Rajak with conditions and dismissed Rohit Baitha's application as withdrawn.
Summary
The petitioners, Rohit Baitha and Ram Kumar Rajak, were implicated in an FIR arising from a motor‑vehicle accident in which a passenger died. Rohit was alleged to be the driver of the auto, while Ram was a passenger who sustained injuries. Both filed anticipatory bail applications. Rohit's counsel withdrew his application, and the court dismissed it as withdrawn. The court examined the allegations against Ram, noting he was not the driver, and considered the informant's lack of eyewitness status. Consequently, the court granted anticipatory bail to Ram Kumar Rajak, subject to a bail bond of Rs.25,000 with two sureties and compliance with conditions under Section 482(2) of the Bihar Negotiable Substances Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to Ram Kumar Rajak given he was a passenger and not the driver in the accident case.
- Whether the withdrawal of Rohit Baitha's anticipatory bail application should be permitted.
Subjects
- anticipatory bail
- motor accident
- Section 281 B.N.S.
- Section 106(1) B.N.S.
- Section 105 B.N.S.
- Section 482(2) B.N.S.
- bail bond
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86361 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
1. Rohit Baitha @ Rohit Kumar Son of Munna Chaudhary @ Munna
Choudhary Resident of Village- Sakari Saraiya, P.S.- Turki, District-
Muzaffarpur
2. Ram Kumar Rajak Son of Vishwanath Rajak Resident of Village-
Jurawanpur, P.S.- Jurawanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners, after arguing
vehemently for sometime realizing his difficulty, seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no.1, namely, Rohit Baitha @ Rohit Kumar.
3. Permission is accorded.
4. The instant anticipatory bail application is
dismissed as withdrawn so far as petitioner no.1, Rohit Baitha
@ Rohit Kumar is concerned.
5. Petitioner No.2, namely, Ram Kumar Rajak
apprehends his arrest in a case registered for the offences
Patna High Court CR. MISC. No.86361 of 2025(2) dt.04-02-2026
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punishable under Sections 281 and 106(1) of B.N.S., 2023.
Later on, Section 105 of B.N.S., 2023 was also added.
6. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he came to know that his brother met with an
accident by an auto bearing Registration No.BR01GP3416 and
he died since he could not be brought to the hospital in time.
7. Learned counsel for the petitioner submits that
informant is not an eye witness to the occurrence and it were the
public, who disclosed the auto number, based on which, the
informant instituted the instant FIR. It is further submitted that
during course of investigation, the owner of the vehicle was
questioned who disclosed that the auto was being driven by his
driver, Rohit Baitha. It is next submitted that as far as petitioner
no.2 is concerned, he was a passenger sitting in the auto and he
also suffered injury on account of the accident but then came to
be implicated since he is related to petitioner no.1. It is also
asserted and submitted that the auto was being driven by Rohit
Baitha and not by petitioner no.2.
8. Learned APP opposes the anticipatory bail
application.
9. Considering the submissions made by learned
Patna High Court CR. MISC. No.86361 of 2025(2) dt.04-02-2026
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counsel for the petitioner and taking into consideration the fact
that petitioner no.2 is not the driver of the auto, let petitioner
no.2, namely, Ram Kumar Rajak, in the event of his arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/Successor Court in
connection with Raxaul P.S. Case No.256 of 2025, subject to the
conditions as laid down under Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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