Patna High Court
Rahul Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rahul Kumar, a driver, was implicated in a traffic accident that resulted in two deaths and was charged under Sections 281, 106(1), 125(A), 125(B) of the Bihar Negotiable Instruments (BNSS) Act, with Section 105 later added. He claimed innocence, asserted that he also sustained injuries in the accident, and highlighted his clean antecedent. The State opposed his application for anticipatory bail. The High Court, after hearing both sides, allowed the anticipatory bail application, directing that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under Sections 281, 106(1), 125(A), 125(B) and 105 of the BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- traffic accident
- criminal procedure
- bail conditions
- BNSS
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88462 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- Jehanabad Traffic P.S. District- Jehanabad
======================================================
Rahul Kumar @ Raushan Kumar S/o Shri Santosh Singh @ Pintu Singh R/o
Village - Imaliya, P.S.- Pali, District - Jehanabad, Driver of Bolero vehicle
bearing Registration No BR02BQ4336
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Jehanabad Traffic P.S. Case No. 14 of 2025
registered for the offence under Sections 281/ 106(1)/ 125(A)/
125(B) of the B.N.S. to which Section 105 B.N.S. was added
subsequently.
3. As per the prosecution case, petitioner and
others were travelling in a vehicle which met with an accident
and two persons died. Subsequently, Section 105 B.N.S. has
been added and the petitioner is said to be the driver of the
vehicle.
4. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.88462 of 2025(2) dt.15-01-2026
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petitioner that the petitioner is innocent and he has falsely been
implicated in this case. Learned counsel lastly submits that in
the said accident, the petitioner has also sustained injury.
Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Jehanabad/ concerned Court below in connection
with Jehanabad Tarffic P.S. Case No. 14 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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