Pappu Kahar @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28532 of 2020 Arising Out of PS. Case No.-831 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== PAPPU KAHAR @ VISHAL KUMAR S/o Late Bulaki Kahar Resident of Village- Mubarakganj, P.S.- Sasaram Town, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishhnavi Singh For the Opposite Party/s :

Mr. M. K. Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Sessions Trial No. 68 of 2020, arising out of Sasaram Town Police Station Case No. 831 of 2019, registered for the offences punishable under Sections 147/148/149/342/302/120-B of the Indian Penal Code and Section 27 of the Arms Act. The allegation, as per the First Information Report, is that on 19.09.2019, at about 05:30 AM, the informant was going on morning walk along with his father and when they reached near Hanuman Temple, the petitioner, along with other accused persons, eight in numbers, started firing indiscriminately. It has further been alleged that the petitioner fired upon the father of the informant on his head/temple and the firing made by co-

Patna High Court CR. MISC. No.28532 of 2020(2) dt.12-11-2020 2/2 accused Aftab Alam hit the thigh of his father, who subsequently died.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous enmity inasmuch as both the parties are on inimical terms. She further submits that the father of the petitioner was killed, in which the side of the prosecution have been made accused. She next submits that the petitioner is in custody since 21.10.2019.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that there is direct allegation of firing upon the petitioner, the allegation is supported by the post-mortem examination report, as mentioned in the impugned order and the case is fixed for recording of evidence, I am not inclined to grant bail to the petitioner.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail if the trial is not concluded within nine months from today. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √