Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13300 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- IMADPUR District- Bhojpur ====================================================== Ajit Singh S/O Mahabir Singh R/O Village-West English, P.S.-IMADPUR, District-Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari For the Opposite Party/s :

Mr. Madan Jeet Kumar :

Mr. Ravi Prakash :

Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Imadpur P.S. Case No. 25 of 2020, corresponding to G.R. No. 2016 of 2020 registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with other co-accused persons badly assaulted assaulted father-in-law of the informant by means of hard and blunt substance due to which father-in-law of the informant died during the course of

Patna High Court CR. MISC. No.13300 of 2021(3) dt.23-09-2021 2/3 his treatment. It is alleged that petitioner and the informant is Gotia (agnate) and there is a land dispute between them. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is the only member of mob and there is no specific allegation of assault against the petitioner. Similarly situated co-accused person has been granted bail. He also submits that there is title suit between the parties pending in the court of Sub-Judge, Piro. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 30.06.2020.

Learned APP for the State as well as learned counsel for the informant opposing the bail petition submits that there is specific allegation of assaul against the petitioner and petitioner has assaulted the deceased by means of hard and blunt substance (farsa), which is also supported by the post mortem report. They further submitted that there is no specific allegation of assault against the co-accused person who has already been granted bail by this Court. In the facts and circumstances of the case and considering the fact that on perusal of case record it appears that there is ample evidence against the petitioner, I am not inclined to grant privilege of bail to the petitioner in connection with Imadpur P.S. Case No. 25 of

Patna High Court CR. MISC. No.13300 of 2021(3) dt.23-09-2021 3/3 2020 corresponding to G.R. No. 2016 of 2020.

Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) GAURAV S./- U T