Patna High CourtCR. MISC./27199/2020bail rejected

Budhnath Singh v. The State Of Bihar

2021-01-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27199 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== BUDHNATH SINGH Son of Rajeshwar Singh Resident of Village - Khaspur, P.S. - Didarganj, Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in Didarganj P.S. Case No. 05 of 2020, registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Prosecution case in brief is that all the accused persons including this petitioner variously armed came to the house of informant and assaulted the father of informant and when other family members came to save, they were also assaulted by them. Later on, father of informant died during course of treatment.

It is submitted on behalf of petitioner that there is case

Patna High Court CR. MISC. No.27199 of 2020(4) dt.19-01-2021 2/2 and counter case. Only one injury has been found on the person of deceased. Petitioner has got no criminal antecedent, as stated in para 3 of the petition.

However, counsel for the State vehemently opposed the bail application and submitted that there is specific allegation of assault against this petitioner upon the deceased and other persons have also sustained injuries. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T