Krishna Kumar Yadav @ Krishna Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63892 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- BHARGAMA District- Araria ====================================================== Krishna Kumar Yadav @ Krishna Kumar Bharti Son of Parmeshwar Yadav Resident of Village - Raghunathpur, P.S. - Bhargama, District - Araria (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivnandan Bharti, Adv For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 190 of 2023 lodged on 16.07.2023 under Section 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504, 506, 120B of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution, F.I.R. has been lodged against 17 named accused persons and 7 to 8 unknown accused persons including the present petitioner against whom there is an allegation of firing indiscriminately due to which two persons have 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.63892 of 2024(2) dt.04-09-2024 2/2 also submits that the criminal antecedent of the petitioner is clean and he is in custody since 10.11.2023. He further submits that death of two other persons have been caused in the alleged incident of indiscriminate firing but there is no allegation of firing against the petitioner. He further submits that out of 17 persons many persons have been granted bail by this Court as well as by a the Co-ordinate Bench of this Court which is annexed as Annexure P/3 series.
5. Learned APP for the State opposes the prayer for bail and submits that it is the case of double murder and the petitioner was an active participant in commission of crime.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the present bail application of the petitioner is hereby rejected. (Dr. Anshuman, J) Sunnykr/- U