Patna High CourtCR. MISC./18143/2020bail rejected

Sudhir Singh v. The State Of Bihar

2020-07-03Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18143 of 2020 Arising Out of PS. Case No.-210 Year-2018 Thana- KALYANPUR District- East Champaran ====================================================== SUDHIR SINGH Son of Shankar Singh Resident of Village- Bakhari, Police Station-Kalyanpur, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-07-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kalyanpur P. S. Case No. 210 of 2018 instituted for the offence under Section(s) 341, 323, 324, 326 and 307/34 of the Indian Penal Code. Learned counsel for petitioner submits that he has no criminal antecedents. Witnesses have not supported the case and the report of SKMCH with respect to the alleged injury

Patna High Court CR. MISC. No.18143 of 2020(5) dt.03-07-2020 2/2 does not support the prosecution allegation as it has reported that 'no lesion was found" in the abdomen or chest where stabbing assault is alleged against the petitioner. Learned APP draws the attention of the Court towards the report of the Primary Health Center, Kalyanpur dated 02.11.2018 which shows stabbing wound on the abdomen. He further submits that report of SKMCH, prima facie, is unreliable as it bears a date 03.09.1918 whereas the reference by the PHC is of later date i.e. 02.11.2018 Considering the rival submissions, this Court, for the present, is not inclined to extend the privilege of bail to the petitioner.

Prayer is rejected.

(Madhuresh Prasad, J) shyambihari/- U