Patna High CourtCR. MISC./70025/2024bail granted

Pappu Kushwaha v. The State Of Bihar

2024-09-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70025 of 2024 Arising Out of PS. Case No.-304 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Pappu Kushwaha S/o Vijay Kushwaha @ Vijay Kumar Kushwaha Resident of Village- Niranjana, Ps- Yadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case No. 304 of 2020 dated 07.08.2020 registered for the offences punishable u/s 307, 326, 353 read with section 34 of the Indian Penal Code and Section 25(B)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner along with another is of indiscriminate firing due to which one passerby namely, Ajay Yadav sustained injury on his back.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.70025 of 2024(2) dt.26-09-2024 2/2 this case. The petitioner was not apprehended on the spot. The charge sheet has already been submitted. There is no specific allegation against the petition. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has nine antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2021.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 304 of 2020.

7. The application stands allowed.

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