Munna Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20666 of 2025 Arising Out of PS. Case No.-369 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Munna Gond Son of Tukari Gond @ Tukari God Resident of Naya Bhojpur, P.S. - Dumraon (Naya Bhojpur), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumraon P.S. Case No. 369 of 2024 dated 18.12.2024 registered for the offences punishable under Sections 281, 106(1) of B.N.S. and subsequently Section 105 of BNS was added.

3. As per the prosecution case, the informant alleges that on 17.12.2024 at around 3 O'clock, when his son was playing outside the house, a high speed tractor, which was being recklessly driven by the driver, hit his son namely Md. Ruhan Ali aged about 5 years due to which his son died on the spot.

Patna High Court CR. MISC. No.20666 of 2025(2) dt.05-05-2025 2/3 When the neighbours caught the driver, he disclosed that he was driving the tractor without license and he was listening music at high volume.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle rather he was leveling the soil unloaded from the tractor. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that as per para- 26, 27 and 28 of the case dairy, the witnesses have supported the prosecution case. The said vehicle was being driven by the petitioner at the time of alleged incident and the petitioner has no driving license and the said act was done with knowledge.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with

Patna High Court CR. MISC. No.20666 of 2025(2) dt.05-05-2025 3/3 Dumraon P.S. Case No. 369 of 2024, pending in the Court of learned C.J.M., Buxar.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) shivam/- U T