Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.407 of 2020 Arising Out of PS. Case No.-476 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== SAGAR SINGH, aged about 30 years, Male, Son of Late Thakur Singh, Resident of Village - Auliabad, P.O.-Jhandapur, Police Station - Bihpur (Jhandapur), District-Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bihpur (Jhandapur) P.S. Case No. 476 of 2018, registered for the offence under Sections 147, 149, 341, 324, 307, 448 and 506 of the Indian Penal Code. Allegation has been made that while the accused persons were trying to construct the house, the husband of the informant namely, Rohit Singh, objected the same, whereafter, the accused persons assaulted him. Specific allegation has been made against this petitioner to have caused injury by sharp side of the spade. In paragraph no.9 of the case diary, it has been recorded that Rohit Singh, himself made statement and

Patna High Court CR. MISC. No.407 of 2020(2) dt.27-02-2020 2/2 supported the prosecution case and in paragraph no.23 of the case diary the injury report of Rohit Singh is described, which shows that injured sustained sharp cut wound on the right side of scalp and sharp cut wound on the right auricular region. No averment has been made in the petition that the aforesaid statements recorded in the case diary is error of record but, merely submission has been made that the persons has received simple injury.

In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. With the aforesaid observations and directions, this bail petition is disposed of.

(Shivaji Pandey, J) pawan/- U T