Uday Singh @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13820 of 2020 Arising Out of PS. Case No.-542 Year-2019 Thana- MASAUDHI District- Patna ====================================================== UDAY SINGH @ UDAY KUMAR S/o Vijay Singh R/o village- Chotaki Masaurhi, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in connection with Masaurhi P.S. case No.542 of 2019 registered under Sections 341, 342, 323, 324, 325, 354, 307, 302/34 of the Indian Penal Code, pending in the court of A.C.J.M., Masaurhi, District Patna.

Prosecution case, in short, is that the accused persons including the petitioner abused and assaulted the husband of the informant, due to which he sustained head injury and was taken

Patna High Court CR. MISC. No.13820 of 2020(3) dt.27-08-2020 2/2 to the Hospital for treatment, where the doctor declared her husband dead.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. From perusal of the injury report, it appears that there are multiple injuries.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T