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Patna High CourtCR. MISC./8659/2020dismissed

Shiv Nandan Singh v. The State Of Bihar

2020-09-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8659 of 2020 Arising Out of PS. Case No.-1142 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

SHIV NANDAN SINGH Son of Jai Jai Singh Resident of Village - Dilawarpur, P.S.- Bihta, District- Patna 2.

Laleshwar Kumar @ Laleshwar Singh Son of Jai Jai Singh Resident of Village - Dilawarpur, P.S.- Bihta, District- Patna 3.

Satish Kumar @ Satish Singh Son of Jai Jai Singh Resident of Village - Dilawarpur, P.S.- Bihta, District- Patna 4.

Amarish Kumar Son of Jai Jai Singh Resident of Village - Dilawarpur, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Md. Matloob Rab, APP Mr. Ashok Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2020 Heard the learned counsel for the petitioners and Md. Matloob Rab, the learned APP for the State as also Sri Ashok Kumar Sinha, Advocate.

This is an application for grant of anticipatory bail in connection with Bihta P.S. Case No. 1142 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The case of the prosecution in brief is that

Patna High Court CR. MISC. No.8659 of 2020(3) dt.09-09-2020 2/3 while the informant along with her brother-in-laws were going to their house at about 12:30 PM. on 20.12.2019, the accused persons i.e. the petitioners herein, variously armed, had assaulted them resulting in the injured persons receiving grievous injuries.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available in the case diary, this Court finds that a prima facie case is definitely made out for the offences alleged qua the petitioners herein and the injured persons including the informant have also received serious injuries, hence, I do not find the present case to be a fit case for grant of anticipatory bail, thus, the

Patna High Court CR. MISC. No.8659 of 2020(3) dt.09-09-2020 3/3 present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T