Uday Narayan Singh @ Tuntun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25033 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Uday Narayan Singh @ Tuntun Singh Son of Krishna Kant Singh Resident of Village- Khaira, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar, Patna ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Vipin Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Saraiya P.S. Case No. 261 of 2023 lodged on 06.05.2023 for the offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code read with sections 25(1-b)a/26/35/27 of the Arms Act pending before the learned A.C.J.M.-IV, (West) Muzaffarpur.

3. Learned counsel for the petitioner seeks permission to correct paragraph no.10 & 15 of the bail application in course of the day.

4. Permission granted.

5. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. The allegation against the present petitioner is that he has assaulted on the head of Bishandeo Sah resulting in head injury.

Patna High Court CR. MISC. No.25033 of 2024(2) dt.01-05-2024 2/2

6. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that neither in the FIR nor in the injury it has been mentioned that what is the weapon used for causing the said injury. Counsel further submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. Counsel also submits that the dispute is due to land and there is case and counter case filed.

7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that at the time of commission of the said offence, the petitioner is not alone and with him, there are other persons and those persons are with fire arm weapons. Counsel also submits that Bishandeo Sah was admitted to the hospital because of the injury caused by the petitioner.

8. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T