Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4530 of 2020 Arising Out of PS. Case No.-542 Year-2019 Thana- MASAUDHI District- Patna ====================================================== VIJAY SINGH Son of Late Saryu Singh Resident of Village - Chhotki Masaurhi, P.S.- Masaurhi, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh For the Informant :

Mr.Shashank Chandra Shekher ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-05-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Masaurhi P.S. Case No. 542 of 2019, disclosing offences punishable under Sections 341, 342, 323, 324, 325, 354, 307, 302 and 34 of the Indian Penal Code.

In the present case, the case diary was called for which has been received. It appears from the F.I.R. that arising out of petty dispute between the family of the informant and the persons named in the F.I.R., the occurrence had taken place. Allegedly, all the accused persons including this petitioner were seen assaulting the husband of the informant by the informant with lathi and danda.

The victim is said to have died because of the injuries

Patna High Court CR. MISC. No.4530 of 2020(3) dt.28-05-2020 2/2 sustained in the occurrence.

Learned counsel appearing on behalf of the petitioner has argued that there is general and omnibus allegation against all the persons named in the F.I.R. and there is no specific allegation against this petitioner.

I do not find any force in the said submission. There is direct allegation against this petitioner and three others of having assaulted the deceased mercilessly, leading to his death. The postmortem report corroborates the nature of injuries sustained by the deceased leading to his death.

Considering the gravity of the offence, I am not inclined to grant the petitioner privilege of bail for the present. This application is rejected.

The petitioner shall, however, be at liberty to renew his prayer for bail, if the trial does not begin within six months from today.

(Chakradhari Sharan Singh, J) AKASH/- U T