Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39492 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Ritesh Kumar Son Of Pramod Sahani Village- Ajhaur, Ps- Nima Chandpura, Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Naokothi Garhpura P.S. Case No. 185 of 2023, registered for the offences punishable under Sections 302, 307, 353, 120B of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2022.
3. As per allegation, three accused persons including the petitioner proceeded towards Nimachandpura through a white Maruti car with wine and in that course, they purposely dashed a vehicle of the police making them seriously injured. In the incident, S.I., Khamas Choudhary was died and the Home Guard Baleshwar Yadav sustained injuries.
Patna High Court CR. MISC. No.39492 of 2024(5) dt.25-10-2024 2/2
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is neither the owner nor driver of the vehicle. The petitioner is in custody since 21.12.2023.
5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the serious crime of murder of a Police Officer has been committed by the petitioner. He further submitted that the prayer of other coaccused, namely, Manish Kumar has already been rejected by this Court vide order dated 30.07.2024 passed in Cr. Misc. No. 26976 of 2024. The matter is serious in nature in which a police officer of raiding party died on the spot.
6. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Arish/- U T