Patna High CourtCR. MISC./81489/2024disposed

Ishu Singh @ Ishu Ishant v. The State Of Bihar

2024-12-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81489 of 2024 Arising Out of PS. Case No.-601 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ishu Singh @ Ishu Ishant Son of Sri Sushil Singh @ Sushil Kumar Singh R/O Vill.- Chakumar, P.S.- Tisauta, Dist.- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Prashant Kumar @ Badal Son of Rakesh Kumar R/O Vill.- Lalporkar, P.S.- Sadar, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application has been filed for quashing the order dated 26.09.2024 passed by the Chief Judicial Magistrate, Vaishali in connection with Hajipur P.S. Case No. 601 of 2023 whereby and where under the court below has taken the cognizance under Section 341 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner called the informant on his phone and said that he would return the loan taken by him amounting Rs. 80,000/-. The petitioner said that the money was kept in the house of his friend on the way to

Patna High Court CR. MISC. No.81489 of 2024(2) dt.12-12-2024 2/2 Ramai Ram Petrol Pump. When the petitioner entered the road next to the Petrol Pump, he saw Happy Kumar on a black motorcycle and on seeing him, the accused petitioner asked the informant to stop. The petitioner got down and took out a pistol and fired on the informant, but somehow he managed to save himself and fled away. Happy Kumar and the petitioner started chasing him and the petitioner again fired from his pistol which hit the informant on his right shoulder.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on the baseless ground.

5. Learned APP for the State has opposed the quashing application of the petitioner.

6. This application is disposed of with liberty to the petitioner to raise all the points /grounds at the time of framing of charge.

(Chandra Prakash Singh, J) Jyoti/- U