Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73245 of 2024 Arising Out of PS. Case No.-281 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Pappu Singh Son of Madan Singh Resident of village- Bhatha, Ps- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lallan Kumar Verma, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-11-2024 Heard Mr. Lallan Kumar Verma, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 04.03.2024, in connection with Harsidhi P.S. Case No. 281 of 2021, FIR dated 14.07.2021 registered for the offence under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, petitioner along with other co-accused persons is said to have assaulted the informant. It is further alleged that they have also shot fired upon him.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the allegation as

Patna High Court CR. MISC. No.73245 of 2024(3) dt.29-11-2024 2/2 alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that it has come during the investigation in para nos. 6 & 7 of the case diary that Manish Patel has fired upon the victim and petitioner has not fired upon the victim.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record in the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the reinstatement of the victim namely, Ramakant Singh was recorded in which he has categorically stated that the petitioner has also fired upon him and apart from that the petitioner carries seven cases other than the present one of the serious nature of the offence.

6. Considering the aforesaid facts as well as allegation in the FIR supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Harsidhi P.S. Case No. 281 of 2021 pending in the Court of learned Judicial Magistrate, 1st Class, East Champaran at Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T