Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37684 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- Mau District- Gaya ====================================================== Vikash Kumar Son of Sidheswar @ Mahadev Yadav Resident of VillageKurkut Bigha, P.S.- Mau, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Mau P.S. Case No. 42 of 2026 for the offence under sections 281, 221, 132 and 324(3) of the BNS lodged on 24.03.2026 by the informant, Piyush Kumar Jaiswal.
3. As per the prosecution story, the informant alleged that huge crowd was there due to Chaiti Chhath when this petitioner driving a hyva truck in a rash and negligent manner broke the barrier and tried to escape. In the process, it also dashed the Police vehicle and broke the back light. Ultimately, he was apprehended alongwith the truck but as the local assembled taking advantage, the petitioner managed to escape. This led to the FIR.
4. Learned counsel for the petitioner submits that due
2/4 to the festival, though he was driving cautiously, it hit the back light of the Police vehicle and enraged, this FIR has been lodged. Further, he do not have any criminal antecedent and last submission is that without accepting the allegation and/or the outcome of the present case, he intends to contribute Rs. 15,000/- for the purchase of flower pots in the Mau Police Station issued in the name of Station Head Officer, Mau Police Station, Gaya through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank.
5. Learned APP opposes the prayer submitting that he was driving in a rash and negligent manner.
6. Taking into account the submissions of the parties as also that he do not have criminal antecedent, the truck stands seized, FIR is there and he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 15,000/- for the purchase of flower pots in the Mau Police Station issued in the name of Station Head Officer, Mau Police Station, Gaya through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya in connection with Mau P.S. Case No. 42 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) 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;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (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) Adnan/- U T