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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18265 of 2021 Arising Out of PS. Case No.-215 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== PAPPU SINGH KUSHWAHA @ PAPPU KUSHWAHA son of Mr. Chotelal Singh Kushwaha Resident of Village-Harkhouli Purab Tola, 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. Malay Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is alleged to have fired twice on Ramji Chaudhary causing firearm injury.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. As per the allegation in the F.I.R, the allegation is of assault on Raja Babu, the cousin brother of the informant and on the informant and others going to his rescue, the informant was

Patna High Court CR. MISC. No.18265 of 2021(3) dt.30-11-2021 2/2 also beaten up. While there is allegation of two firings on Ramji Chaudhary, only one firearm injury has been found in the injury report and the other injury is stated to be a lacerated wound. The petitioner is in custody since 12.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the allegations in the F.I.R. together with the injury report of Ramji Chaudhary, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

However, in the facts of the case, liberty is granted to the petitioner to renew his prayer for bail after six months. (Partha Sarthy, J) Saurabh/- U T