Krishna Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6971 of 2025 Arising Out of PS. Case No.-117 Year-2024 Thana- BELCHHI District- Patna ====================================================== Krishna Kumar @ Vikash Kumar S/o- Mr. Shrawan Kumar Pandey @ Shrawan Pandey @ Vijay Krishna Pandey Village- Gopalpur Ps- Belchhi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Belchhi P.S. Case No. 117 of 2024 instituted for the offences under Sections 103(1), 61(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the deceased by firing.

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

Patna High Court CR. MISC. No.6971 of 2025(4) dt.06-05-2025 2/3 alleged against him and has falsely been implicated in the present case. He further submits that the alleged date of occurrence is 13.07.2024 but, the present fardbeyan was recorded on 14.07.2024 which creates doubt in the veracity of the prosecution case. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that there is specific and direct allegation of firing against the petitioner upon the deceased. Postmortem report supports the prosecution case. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections Sections 103(1), 61(2)/317(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

6. Having heard learned counsel for the parties and considering the nature and gravity of the offence as also there

Patna High Court CR. MISC. No.6971 of 2025(4) dt.06-05-2025 3/3 being direct allegation of firing against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T