Magister Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25387 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- AANDAR District- Siwan ====================================================== 1.

MAGISTER SINGH S/o Late Ambika Singh 2.

PRAVEEN SINGH @ PRAVEEN KUMAR SINGH S/o- Baliter Singh 3.

MUKESH SINGH @ RAJIV PRATAP SINGH S/o - Balister Singh All are R/o Village - Belahi, P.S. - Andar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that on 13.01.2022 when he was in front of his door the accused persons including the petitioners came and started abusing and assaulting the informant by Danda and when informant's nephew came to

Patna High Court CR. MISC. No.25387 of 2022(2) dt.11-11-2022 2/3 rescue him, Praveen Singh assaulted him by an axe causing injury on his head and hand and snatched away his golden chain. Further, the son of the informant was also assaulted by Rajiv @ Mukesh Singh with lathi on hands causing fracture of both the hands and thereafter petitioner no. 1 assaulted the informant with lathi causing injury on his shoulder, chest and nose.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that petitioners are neighbours and on account of dispute relating to land, the present occurrence took place. It is next submitted that from the side of the petitioners also Ander P.S. Case No. 10 of 2022 was instituted against the informant and his side and people from the side of the petitioners also suffered injuries. Learned counsel very fairly submitted that from the side of the petitioners, the injured suffered simple injury.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that petitioners by assaulting acceded the force of assault.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of

Patna High Court CR. MISC. No.25387 of 2022(2) dt.11-11-2022 3/3 anticipatory bail to the petitioners in connection with Andar P.S. Case No. 09 of 2022 pending in the Court of learned Additional Chief Judicial Magistate-IV, Siwan/successor Court. Hence, prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T