Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14295 of 2026 Arising Out of PS. Case No.-70 Year-2025 Thana- BAKHTIYARPUR District- Patna ====================================================== Rahul Kumar Son of Nagmani Yadav Resident of village - Kachra, Police Station - Bena, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 70 of 2025 for the offence registered under sections 281, 106 of the BNS, 2023.

3. As per the prosecution story, the informant alleged that on 16.02.2025, while his son, Rahul Kumar (deceased) was going to buy petrol, in the meantime, a Scorpio bearing Registration No. BR-01-PK-0991 coming from opposite direction near Raghopur upper bridge, dashed with such a force that he died on the spot and his friend, Golu Kumar was seriously injured. This led to the FIR.

4. As the story unfolds, the Scorpio owner, Prince Kumar came forward and informed that it was being driven by his brother-in-law, Rahul Kumar (petitioner herein) in which

Patna High Court CR. MISC. No.14295 of 2026(3) dt.29-04-2026 2/3 Avinash Kumar was also sitting and after the accident, they left the car and fled away to save themselves from the public who were assembling.

5. Learned counsel for the petitioner submits that the FIR shows that Avinash Kumar was driving the vehicle and subsequently, the name of this petitioner has cropped up.

6. Learned APP, on the other hand, opposes the prayer submitting that his own brother-in-law who owns the car has made the statement that it was not Avinash Kumar but this petitioner who was driving the car.

7. Having heard the parties, it is unfortunate that a precious life who was so young has to leave this world only because the accused persons were enjoying the rash driving. His friend, Golu Kumar is still battling for life, in that background, it would be appropriate that the petitioner seek bail.

8. The anticipatory bail application stands rejected.

9. However, if the petitioner surrenders within four weeks from today, the Court concerned shall take up the matter and dispose it of preferably on the same day. (Rajiv Roy, J) Vijay Singh/- U T

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