Praveen Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5599 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Praveen Kumar Singh, Son of Late Ganga Prasad Singh, village- Parsarma, PS- Badgaon, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Biraul P.S. Case No. 173 of 2024 registered for the offences punishable under Sections 304 and 201/34 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that the cousin brother of the informant went to G.D. College Begusarai on 21.04.2024. When he did not return home late night at 10:00 PM, a search was made by the informant along with other cousins and later on he came to know that his brother is found in unconscious condition at Biraul Primary Health Center. On such information, when the informant along with others reached there, they were informed that his brother
Patna High Court CR. MISC. No.5599 of 2025(3) dt.09-05-2025 2/3 was taken to D.M.C.H. Subsequently, when the informant and others rushed to D.M.C.H., they found dead body of his brother. It is further alleged that the informant came to know that on account of some rivalry between two groups, his brother was done to death by knocked down through a vehicle.
4. Learned counsel for the petitioner contended that admittedly, the petitioner is not named in the FIR. In fact, the brother of the informant died due to accident and only on account of the fact that on the same day the petitioner also met with an accident while he was going through his Bullet motorcycle bearing registration no. BR078V 2907, his name has been implicated in this case on suspicion. It is the contention of the petitioner that there is no eyewitness to the alleged occurrence nor during the course of investigation, it has come that his Bullet motorcycle hit the cousin brother of the informant. Even for the sake of argument, the allegation levelled in the FIR is accepted for a moment, there is no material available on record which constitutes offence, much less under Section 304 of the Indian Penal Code, rather hardly be an offence under Section 304B I.P.C., which is bailable in nature. It is lastly contended that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the
Patna High Court CR. MISC. No.5599 of 2025(3) dt.09-05-2025 3/3 investigation and the proceedings of the Court.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that, prima facie, it appears that by reckless driving of the petitioner, the brother of the informant lost his life.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the occurrence took place on account of collision between two vehicles and there is no eyewitness to the alleged occurrence, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Biraul, Darbhanga in connection with Biraul P.S. Case No. 173 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T