Nishant Kumar @ Nishant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30362 of 2024 Arising Out of PS. Case No.-1454 Year-2022 Thana- DANAPUR District- Patna ====================================================== Nishant Kumar @ Nishant son of Chitranjan Rai @ Mirchand Rai VillageChitrakut Nagar Road No-9, Ps- Danapur Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alexander Ashok, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Danapur P.S. Case No. 1454 of 2022, lodged on 14.12.2022 under Sections 302, 120(B), 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against 5 named and other unknown accused persons. The specific allegation is against two accused persons namely Himanshu @ Toronto and Nishant Kumar (present petitioner) that they have fired by pistol due to which two persons were injured and subsequently died.

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

Patna High Court CR. MISC. No.30362 of 2024(3) dt.19-07-2024 2/3 also submits that from bare perusal of the FIR, it become very much clear that there is no eye-witness of the said occurrence. Counsel submits that the injury report is there and from the injury report, the death has been caused by fire arm, but external injury and internal injury has also been found. Counsel further submits that nothing incriminating has been recovered from the petitioner's possession except his own personal mobile phone. Counsel submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 15.11.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is allegation of firing against the petitioner and other accused person by which two persons was killed. Counsel further submits that the allegation of fire arm injury is upon the petitioner and other accused person whose bail application has been rejected by this Court which is annexed as Annexure-P/2 series.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Danapur P.S. Case No. 1454 of

Patna High Court CR. MISC. No.30362 of 2024(3) dt.19-07-2024 3/3 2022, pending before the learned Additional Chief Judicial Magistrate-1, Danapur, Patna is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T