Regular bail application by the driver-cum-owner of a Scorpio alleged to have been driven rashly in a drunken condition, dashing two persons, one of whom died. The court, noting the heinous nature of the allegations, declined bail and rejected the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2746 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- PHULWARIA District- Begusarai
======================================================
Shashi Kumar @ Shashi Mahto @ Shshi Kumar S/o Chandradeo Mahton @ Chandradeo Mahto @ Chandradeb Mahato R/o Village- Phulwaria-1, ward no.03, Kairiwari, P.S.- Phulwaria, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 14-05-2025
Heard learned counsel for the petitioner and
learned A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Phulwaria (Fulwaria) P.S. Case No. 138 of 2024 dated 26.08.2024 registered for the offences punishable u/s 281, 125(b) of the BNS and section 37 of the Bihar Prohibition and Excise Act and later on added section 105 (part II) of the BNS.
3 . As per the prosecution case, the petitioner being in drunken condition is alleged to have dashed the informant’s brother from the Scorpio Vehicle bearing No. BR21D-0969, causing severe injury to him and he became
Patna High Court CR. MISC. No.2746 of 2025(3) dt.14-05-2025 2/3
unconscious. It is further alleged that the driver of the said vehicle was caught by local villagers and was handed over to police. The driver disclosed his name as Shashi Mahto (petitioner). The injured was taken to the hospital for treatment. It is further alleged that the petitioner also dashed one another person namely Birju Kumar causing injury.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The informant is not the eyewitness to the alleged occurrence. It is further submitted that no separate case has been filed on behalf of the wife of the deceased, Birju Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner was the driver-cum-owner of the aforesaid vehicle who was driving rashly in drunken condition having alcohol 900 mg/100ml found in breath analyzer test, dashed the informant’s brother causing injuries to him and one Birju Kumar succumbed to the injuries. It is further
Patna High Court CR. MISC. No.2746 of 2025(3) dt.14-05-2025 3/3
submitted that the wife of the deceased has filed application before the District Transport Officer (D.T.O.) for compensation of her husband death who died in an accident for which Fulwaria P.S. Case No. 138/24 was lodged.
6 . Considering the aforesaid facts and
circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.
7 . The application stands rejected.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner, accused of rash and drunken driving causing death and injuries in a vehicle accident, should be enlarged on regular bail.
4 provisions across 2 enactments
Shashi Kumar @ Shashi Mahto @ Shshi Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
