Arvind Singh @ Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16751 of 2023 Arising Out of PS. Case No.-343 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== Arvind Singh @ Arvind Kumar Singh Son of Lt. Surendra Singh R/v- Bhad Kuiya, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Ms. Riya Giri, Advocate For the Informant : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2023 Heard Mr. Y.V. Giri, learned Senior counsel for the petitioner, Mr. Arbind Kumar Singh, learned counsel appearing on behalf of the Informant and Mr. Dinesh Singh, learned APP for the State.

Petitioner seeks bail, who is in custody since 07.11.2022, in connection with Barauli P.S. Case No. 343 of 2021, F.I.R. dated 15.11.2021 registered for the offences punishable under Sections 147, 148, 149, 447, 323, 325, 326, 379, 307, 504, 506 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

Allegation against the petitioner is that he assaulted the mother of the informant by iron pipe on her head which caused bleeding head injury to her and fell down on the ground. Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated

Patna High Court CR. MISC. No.16751 of 2023(3) dt.20-07-2023 2/2 in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and both the parties are Gotiya and due to admitted land dispute the present occurrence had taken place and there is case and counter case between the parties.

Learned counsel appearing on behalf of the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that from bare perusal of the F.I.R. it appears that there is direct and specific allegation that he assaulted the mother of the informant and the postmortem report also supports the allegation as alleged in the F.I.R.

Considering the aforesaid facts that there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Barauli P.S. Case No. 343 of 2021 pending in the Court of learned Chief Judicial Magistrate, Gopalganj.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T