Patna High CourtCR. MISC./44604/2024dismissed

Krishna Kumar v. The State Of Bihar

2024-11-22Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44604 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Krishna Kumar son of Jai Jai Ram Mahto Village- Chandpura PsNeemachandpura Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Adv.

Mr.Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-11-2024 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 Nawkothi P.S. Case No. 185 of 2023, registered for the offences punishable under Sections 302, 307, 353, 120-B of the Indian Penal Code and Sections 30(a), 45 of the Bihar Prohibition and Excise Act.

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, SI, Khamas Choudhary was died and the Home

Patna High Court CR. MISC. No.44604 of 2024(4) dt.22-11-2024 2/2 Guard Baleshwar Yadav sustained injuries.

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.

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. The matter is serious in nature in which a police officer of raiding party died on the spot. He has also submitted that the regular bail application of co-accused Manish Kumar has been rejected by this Court vide order dated 30.07.2024 in Cr. Misc. No. 26976 of 2024.

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) kundan/- U T