Nippu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36571 of 2023 Arising Out of PS. Case No.-247 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== NIPPU LAL Son of Anil Kumar Verma Resident of village - Baghi Bardiha, P.S. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 01.04.2023 passed by learned Additional Sessions Judge XII, Nawada in Sessions Trial No. 360 of 2019 in connection with Warisaliganj P.S. Case No. 247 of 2018.

3. Prosecution case in short is that when the informant and his family members were sitting at the door of his younger brother and were discussing about partition between them, the petitioner came there and fired at the informant with an intention to kill him and the bullet hits his hand and also hit the hand of his daughter.

Patna High Court CR. MISC. No.36571 of 2023(2) dt.31-07-2023 2/2

4. While rejecting the discharge application of the petitioner, learned Additional and Sessions Judge has passed a detailed order discussing the materials available on record and upon perusal of the impugned order, it appears that a strong prima facie case has been found against the petitioner.

5. In view of the above, and also considering the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs Ramesh Singh 1977 SCC 4 39, this Court is not inclined to interfere in the impugned order, as the same is passed in accordance with law.

6. Accordingly, the application of the petitioner is dismissed.

(Sandeep Kumar, J) Vikas/- U T