Ghanshyam Singh @ Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14067 of 2020 Arising Out of PS. Case No.-724 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

GHANSHYAM SINGH @ VIJAY SINGH Son of Rajendra Singh Resident of village - Chadhua Tole Gawasara, P.S.- Kurhoni (Turki O.P.), Distt.- Muzaffarpur.

2.

Rana Kumar Son of Rajendra Singh Resident of village - Chadhua Tole Gawasara, P.S.- Kurhoni (Turki O.P.), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the petitioners and Shri Md. Arif, the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kudhani (Turki OP) P.S. Case No. 724 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 120B of the Indian Penal Code. The case of the prosecution in brief, according to the informant, is that while the informant along with her family members was sitting at the door of her house, her neighbors including the petitioners herein, variously armed with sticks and rods had assaulted the husband of the informant by iron rod causing grievous injuries to him resulting in his subsequent

Patna High Court CR. MISC. No.14067 of 2020(5) dt.04-01-2021 2/2 death in the hospital.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioners are having no complicity in the alleged occurrence. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail and has submitted that the petitioners are the main assailant, hence they do not deserve the privilege of bail.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, I find that a prima facie case is definitely made out, as against the petitioners herein, hence I do not find any merit in the present petition, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T