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Patna High Court

Vikash Kumar @ BhutaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions and verification of his criminal antecedents.

Summary

Vikash Kumar was arrested in connection with a 2023 case involving a fatal motorcycle accident, alleged under IPC sections 279, 304A and 414. He contended that he was merely a pillion rider and not the driver, asserting innocence and claiming false implication. The prosecution opposed bail, highlighting two prior criminal antecedents. The Patna High Court, after considering the facts and the petitioner’s willingness to cooperate, granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order also directed verification of the petitioner’s criminal record and stipulated cancellation of bail for non‑cooperation or tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents

Legislation cited

Subjects

  • bail
  • dangerous driving
  • culpable homicide not amounting to murder
  • IPC
  • CrPC
  • Patna High Court
  • criminal antecedent
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88942 of 2025
                       Arising Out of PS. Case No.-508 Year-2023 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Vikash Kumar @ Bhutali S/o Ramchandra Prasad Resident of at- Manjhala
                 Sem, P.S.- Rajouli, Distt- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                     Heard Mr. Amit Ranjan, learned counsel for the

                   petitioner and Mr. Raj Kishor Singh, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Rajouli P.S. Case No. 508 of 2023, F.I.R. dated

                   09.10.2023 for the offences punishable under Sections 279,

                   304(A), 414 of the Indian Penal Code.

                               3. As per the First Information Report, it is alleged that

                   on 09.10.2023 at 04:00 PM when her grand-daughter was going

                   to shop for buying some goods then a motorcycle, in which the

                   petitioner was the pillion rider, hit her grand-daughter due to

                   which she fell on ground and later on she was taken to

                   Divisional Hospital. Rajauli, where she was declared dead.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88942 of 2025(2) dt.12-01-2026
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          petitioner is innocent and he has falsely been implicated in the

          present case. Infact the petitioner was sitting as a passenger in

          the back seat of the motorcycle and he was not the driver of the

          vehicle in question. Initially the petitioner was released on PR

          bond but later on on the basis of false allegation, he has been

          made accused in the present case.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries two criminal antecedents other

          than the present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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

          A.C.J.M-1st, Nawada in connection with Rajouli P.S. Case No.

          508 of 2023, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.88942 of 2025(2) dt.12-01-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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