Harendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24841 of 2026 Arising Out of PS. Case No.-533 Year-2025 Thana- KARAKAT District- Rohtas ====================================================== Harendra Kumar son of Sri Kameshwar Singh Resident of village- Nawada Tola, Po- Belwai, P.S.- Karakat, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-07-2026 Heard Mr.Vijay Kumar Sinha, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending arrest in connection with Karakat P.S. Case No. 533 of 2025 instituted under Sections 103(1), 3(5), 61(2) of the B.N.S. Act lodged on 11.12.2025 by the informant, Bimla Devi.
3. As per the prosecution story, the informant alleged that under a conspiracy, the accused person drove over the husband of the informant, as a result, he died. This led to the FIR.
4. In this case, a coordinate bench had called for the case diary and the learned counsel for the petitioner took this Court to paragraph58 of the case diary to show that one Rahul
2/5 Anand @ Mantu as also in paragraph-59, Ramayan Singh have narrated that the tractor was on the agriculture field and the deceased who was in the habit of sleeping anywhere in the field was there with a white sheet. Unfortunately, the tractor driver (petitioner) failed to spot him which resulted into the accident.
5. Learned counsel submits that there was no intention to do so nor he has criminal antecedent.
6. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to pay Rs.1,00,000/- to the informant, Bimla Devi in two instalments through Demand Draft issued by the local State Bank of India branch/Any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant, Bimla Devi after checking the credential in the following manner:
(i) Rs.50,000/- at the time of execution of bail bond;
(ii) Rs.50,000/- by 10th of September, 2026;
(iii) failure to do so, the informant shall be free to take steps for cancellation of bail bond of the
3/5 petitioner.
7. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that even if there is no conspiracy, there is sheer carelessness/negligence on behalf of the petitioner which led to unfortunate death.
8. Taking into account the submissions aforesaid as also that the case diary records the statements of the witnesses and further this petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.1,00,000/- in two instalments through Demand Draft issued by the local State Bank of India branch/Any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant, Bimla Devi after checking the credential in the following manner:
(i) Rs.50,000/- at the time of execution of bail bond;
(ii) Rs.50,000/- by 10th of September, 2026;
(iii) failure to do so, the informant shall be free to take steps for cancellation of bail bond of the
4/5 petitioner.
9. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Karakat P.S. Case No. 533 of 2025 to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
5/5 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T