Dismissed¶¶25

Mukesh Kumar v. The State of Bihar

Patna HC10 Dec 2025CR. MISC./56534/2025

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.56534 of 2025(4), decision 10-12-2025, Justice Jitendra Kumar; anticipatory bail petition DISMISSED; petitioner Mukesh Kumar (driver); Paliganj P.S. Case No. 57 of 2025 dated 01.02.2025; offences under Sections 281 and 106(2) BNS 2023, APP contended Section 106(1) BNS (punishment upto 5 years); fatal road accident - pick up van BR01GE3421 hit deceased Uttam Kumar from behind, death during treatment; counsel alleged vehicle parked at construction site pushed by children; no criminal antecedent claimed; refusal grounded on seriousness of allegation.

What did the court decide?

Considering the seriousness of the allegation (fatal hit-and-run resulting in death of the victim during treatment), the learned Judge was not persuaded to enlarge the petitioner on anticipatory bail, and the bail petition was dismissed.

Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56534 of 2025

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Arising Out of PS. Case No.-57 Year-2025 Thana- PALIGANJ District- Patna

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Mukesh Kumar S/O Ram Bhajan Singh, R/O Vill.- Malpur, P.S.- Khusrupur, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate For the State : Mr. Satyendra Narayan Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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4 10-12-2025

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Heard Ld. counsel for the petitioner and Ld. APP for

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the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Paliganj P.S. Case No. 57 of 2025, dated 01.02.2025, registered for the offences punishable under Sections 281 and 106(2) of BNS, 2023.

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As per the prosecution case, deceased-Uttam Kumar was coming from his office by road on foot. All of a sudden, one pick up van bearing Registration No. BR01GE3421 hit him with great force from the back. The victim was subsequently admitted in the hospital and later on, he died during course of treatment.

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Ld. counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.56534 of 2025(4) dt.10-12-2025 2/3

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case. He further submits that the case has been registered under Section 106(2) of BNS, 2023, which is not in force. He also submits that the vehicle was in fact parked on a construction side and some children, who were playing, pushed the vehicle and it automatically slided and hit the victim from the back.

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It is also stated in paragraph no. 2 of the petition that no similar petition has earlier been filed by the petitioner either before this Court or before the Hon'ble Apex Court.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

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However, Ld. APP for the State opposes the prayer of the Petitioner for anticipatory bail submitting that even at the stage of considering bail, the Court is required to look into the content of the allegation, not the section applied by the police. As such, the case is covered by Section 106(1) of BNS which provides for punishment upto 5 years. He further submits that as per the submission on behalf of the petitioner, it may be a defence but as a prosecution case, it is very serious case, because the victim has been hit by the vehicle in question on high speed from the back being driven rashly and negligently, resulting into his death during course of treatment. Hence, the petitioner, who is driver of the vehicle, does not deserve any bail

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Patna High Court CR. MISC. No.56534 of 2025(4) dt.10-12-2025 3/3

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at this stage.

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