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Patna High CourtCR. MISC./38008/2020allowed

Pradeep Tiwari v. The State Of Bihar

2021-03-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38008 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Pradeep Tiwari, aged about 28 years, Male, S/o Sudama Tiwari, R/o VillageBichhia @ Bichhiya, P.S.- Bhagwanpur ( Belaon), District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth, Advocate For the State :

Mr.Nawal Kishore Prasad, A.P.P.

For the Informant : Mr.Praveen Kumar, Advocate Mr.Uday Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwanpur (Belaon) P.S. Case No. 58 of 2020 registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that the petitioner fired upon the informant. The petitioner fired from pistol, which did not hit them although Six Chara (pillet) any how succumbed to the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner further submits that there is

Patna High Court CR. MISC. No.38008 of 2020(3) dt.09-03-2021 2/2 land dispute between the petitioner side and Lalan Singh and Bhanu Pratap Singh while the informant is name else but banihar (servant) of the Lalan Singh, a group of litigation between the parties Bhanu Pratap Singh had filed case in which the present informant was a witness. The petitioner is in jail custody since 10.06.2020 and petitioner has three criminal antecedent mentioned in paragraph-3 of the bail petition. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIIth, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No. 58 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T