Patna High CourtCR. MISC./15570/2020dismissed

Subhash Singh v. The State Of Bihar

2020-06-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15570 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- SIKTI District- Araria ====================================================== Subhash Singh (Male), aged about 30 years, S/o Bhagvat Singh @ Late Bhagwat Singh R/o village- Gadahkat, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner.

3. As Mr. Ajay Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP'), who was entrusted with the brief, is no more alive, at the request of the Court, Mr. Jharkhandi Upadhyay, learned APP has assisted.

4. The petitioner is in custody in connection with Sikty PS Case No. 120 of 2019 dated 26.07.2019 (GR No. 2670 of 2019) instituted under Sections 341/323/324/307/504 of the Indian Penal Code.

5. The allegation against the petitioner is that he had inflicted knife blow on the stomach of the victim and when the

Patna High Court CR. MISC. No.15570 of 2020 dt.15-06-2020 2/2 brother-in-law of the informant had gone to save the victim, the petitioner is said to have also inflicted knife blow on the thigh of the brother-in-law of the informant.

6. Learned counsel for the petitioner submitted that on the spur of the moment there was fight which resulted in the incident. It was further submitted that the petitioner has no other criminal antecedent and is in custody since 26.07.2019.

7. Learned APP submitted that there is direct allegation against the petitioner of causing grievous injury, by knife, on the stomach of one of the victims due to which the intestine had come out and when the brother-in-law of the informant had gone to save the victim, the petitioner also inflicted blow on his thigh causing injury.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

9. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T