Keshav Kumar Singh @ Keshav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73631 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Keshav Kumar Singh @ Keshav Singh, Male, aged about 34 years, Son of Raghavendra Narayan Singh @ Ragho Singh, Resident of Village- Teghra, P.S- Balwahat,District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Kishore Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saur Bazar (Saharsa) P.S. Case No. 178 of 2025 instituted for the offences punishable under Sections 281, 106(1), 105 and 238 of the BNS.

3. As per allegation in the FIR, informant's father and mother were sitting by the road-side, suddenly one four wheeler which was coming from Sonbarsha Raaj side, dashed informant's father and mother, as a result of which they died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

2/4 falsely been implicated in this case. He submits that the petitioner was not one who was driving the said Creta Car, even though it was the own car of the family of the petitioner which was gifted by the in-laws to the son of the family at the time of marriage. He further submits that the said alleged Creta Car by which the alleged accident occurred, was being driven by the driver of the car namely Ram Bilas Das. He next submits that the said driver Ram Bilas Das (one of the co-accused) surrendered before Saur Bazar Police Station and gave a confessional statement that he was driving the car at the time when the accident occurred. He lastly submits that the name of the petitioner surfaced during the course of investigation only on the basis of the confessional statement of co-accused Sunil Kumar, who has been granted bail by this Court. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 04.08.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-1st, Saharsa dated 19.09.2025, it appears that petitioner is not named in the FIR and his name transpired in this case during the course of

3/4 investigation. From perusal of the records, it appears that the document which has been produced by learned counsel for the petitioner, on the basis of written report of the informant, namely, Butan Kumar, FIR has been registered under Sections 281, 106(1), 105 and 238 of the BNS against unknown persons and during course of investigation, the name of the petitioner has been surfaced only on the basis of confessional statement of one co-accused, namely, Sunil Kumar. Similarly situated coaccused namely Sunil Kumar has been granted bail by this Court in Cr. Misc. No. 61713 of 2025 vide order dated 10.12.2025. From perusal of records of Annexure-P-2 and Annexure- P-2/A (Page nos.

20 and 22) that one Ram Bilas Das filed an affidavit before the learned Chief Judicial Magistrate-II, Saharsa admitting that he is the driver of the vehicle bearing Registration No. BR19T4571 to which the accident occurred, so it is clear that petitioner is neither the driver nor the owner of the vehicle, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

4/4 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 178 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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