Grant of interim pre-arrest bail in a motor vehicle accident case involving allegations of rash and negligent driving, pending the production and perusal of the case diary by the court.

ORDER

Heard Mr. P. Bora, learned Senior Counsel assisted by Ms. K. Sarma, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Addl. PP, for the State respondent.

This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Sri Suresh Panika who is apprehending his arrest in connection with Pulibar P.S. Case No. 134/2025 under Sections 281 /105 of BNS, 2023.

It is submitted by Mr. Bora, learned Senior Counsel that from the plain reading of the FIR itself, it is seen that the case is purely an accidental one, wherein, there was unfortunate death of a person. The petitioner is also admittedly the driver of the offending vehicle and the only allegation against him is that he was driving the vehicle in rash and negligent manner and hit the person who was on the bicycle. But from the available sources, it is learnt that it is the case of the petitioner that at the time of the accident there are three cars involved in the accident and it is still under investigation which car hit the motorcycle and caused the accident. Accordingly, he submitted that the case ought to have been registered under Section 106(1) BNS, 2023 and there is no ingredients at all to register the case under Section 105 BNS, 2023.

In that context, Mr. Kaushik, learned Addl. PP submitted that his earlier bail application was rejected by the learned Trial Court after perusal of the case diary and considering the submission made by the I.O. He further submitted that the case may not be registered under Section 106 of BNS, as there was a direction from this Hon’ble Court passed in PIL No. 74/2024 asking the police officer to refrain from registering a case under Section 106(2) of BNS, 2023.

Considering the submissions made by the learned counsel for both sides, I find it a fit case to extend the privilege of interim pre-arrest bail to the accused petitioner, till receipt of the case diary.

Accordingly, it is provided that in the event of arrest of the petitioner, namely, Sri Suresh Panika in connection with Pulibar P.S. Case No. 134/2025 under Sections 281 /105 of BNS, 2023, he shall be enlarged on interim pre-arrest bail on his executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of his statement;

(ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and

(iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

List the matter, accordingly, on 29.01.2026 for production of the updated case diary.