Sanjay Singh @ Chuha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15646 of 2016 Arising out of PS.Case No. -227 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Singh @ Chuha, Son of Sidheshwar Singh, resident of Sargaw, P.S. Noor Sarai, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Kumar Singh, Advocate. For the Opposite Party : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Noor Sarai P.S. Case No. 227 of 2015 for the offences instituted under Sections 341, 323, 324, 326, 307, 504/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that when the informant and his son were returning their home after worshiping, three accused persons, including the petitioner, surrounded him and started abusing him and, on protest being made, on the order of co-accused Nirala Singh, this petitioner Sanjay Singh fired causing injury to the son of the informant. Thereafter, it is alleged

Patna High Court Cr.Misc. No.15646 of 2016 (2) dt.03-05-2016 2/2 that other accused Sidheshwar Singh assaulted the son of the informant by Lathi due to which he received grievous injury. The injured was taken to hospital at Patna.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case due to mistake of fact. There is admitted enmity between the parties. On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R. and there is direct allegation of assault against the petitioner. The persons who have been granted bail there was no allegation of assault against the said persons. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Noor Sarai P.S. Case No. 227/2015, G.R. No. 3272/2015, pending in the court of the learned C.J.M. Nalanda at Biharsharif. Anyhow, if the petitioner surrenders in the court below the same shall be considered on its own merit without being prejudiced by this order and if possible, preferably on the same day.

U.K./- (Sudhir Singh, J) U T