Pappu Singh Kushwaha @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12079 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Pappu Singh Kushwaha @ Pappu Singh Son of Chhotelal Singh Resident of Village - Harkhauli Ward No. 14, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Ramchandra Sahni, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mirganj P.S. Case No. 215 of 2019, registered under sections 307, 323, 324, 341, 379, 504, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., it is stated by the informant that while the accused persons including the petitioner herein were passing, with common intention they started to beat up the cousin brother of the informant. It is stated that on the informant going to his rescue, he was also beaten up. Thereafter, the petitioner with the intention to kill fired from his

Patna High Court CR. MISC. No.12079 of 2020(3) dt.08-10-2020 2/2 pistol causing injuries on Ramjee Choudhary.

It is submitted by learned counsel for the petitioner that there is a case and counter case between the parties, the F.I.R. of counter case having been brought on record as Annexure-5 to the petition. It is submitted that the place of occurrence is the house of the petitioner and there is pending title suit between the parties. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Case diary had been called for in the case and the same has been received.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having fired on Ramjee Choudhary and the allegation of which is confirmed from the injury report of Ramjee Choudhary which has come in the case diary, this Court not is inclined to enlarge the petitioner on anticipatory bail and as such his application is rejected.

(Partha Sarthy, J) Bibhash/- U T