Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60895 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Pradeep Kumar Son of Mayanand Singh @ Mahanand Mahto Resident of Village - Mahathin Tola, P.S. - Agaion Garhani, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anup Kumar Singh Son of Satendra Kumar Singh Resident of Balbandh, P.S. - Charpokhari, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akanksha Malviya, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agaion Garahani P.S. Case No. 19 of 2024, registered for the offences punishable u/ss 341, 323, 324, 385, 307, 504 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, on 06.02.2024 at about 12:30 O'clock two persons namely Anil Kumar and Pradeep Kumar (petitioner) arrived at the shop of the informant and asked for articles without money and on refusal of the same by the informant, the co-accused Anil Kumar assaulted the informant with slap and exhorted the petitioner to shoot him and

Patna High Court CR. MISC. No.60895 of 2024( 2) dt.09-09-2024 2/2 on such exhortation, the petitioner took out a pistol from his waist and fired on the chest of the informant due to which he sustained injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioner.

5. Learned APP for the State has vehemently opposed the bail petition of the petitioner and submitted that there is direct allegation of firing against the petitioner. The injury report of the injured reveals that the informant sustained gun shot injury in his chest and the bullet was found present inside the chest.

6. Considering the aforesaid facts and circumstances of the case as well as the specific allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) annpurna/- U T