Patna High Court
Vikash Kumar @ BhutaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 279, 304A, 414
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
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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
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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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