Disposed¶22

Ishu Singh @ Ishu Ishant v. The State Of Bihar

Patna HC12 Dec 2024CR. MISC./81489/2024

Case brief

AI extract

What is this about?

Quashing of cognizance order; Chief Judicial Magistrate, Vaishali; Hajipur Sadar P.S. Case No. 601 of 2023; Section 341 IPC; Section 307/34 IPC; Section 27 Arms Act; pistol firing on informant; loan of Rs. 80,000/-; liberty to raise grounds at framing of charge; application disposed of; Patna High Court; 12-12-2024.

What did the court decide?

Liberty to the petitioner to raise all points/grounds at the time of framing of charge; the cognizance order was not quashed at this stage. ¶22

Ishu Singh @ Ishu Ishant Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81489 of 2024

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Arising Out of PS. Case No.-601 Year-2023 Thana- HAJIPUR SADAR District- Vaishali

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Ishu Singh @ Ishu Ishant Son of Sri Sushil Singh @ Sushil Kumar Singh R/O Vill.- Chakumar, P.S.- Tisauta, Dist.- Vaishali.

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... ... Petitioner/s

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Versus

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The State Of Bihar Bihar

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Prashant Kumar @ Badal Son of Rakesh Kumar R/O Vill.- Lalporkar, P.S.Sadar, Dist.- Vaishali

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mrs.Vaishnavi Singh For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 12-12-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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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.

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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

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Patna High Court CR. MISC. No.81489 of 2024(2) dt.12-12-2024 2/2

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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.

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