Patna High CourtCR. MISC./30067/2023bail rejected

Brajesh Singh @ Brajesh Kumar v. The State Of Bihar

2023-07-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30067 of 2023 Arising Out of PS. Case No.-457 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

Brajesh Singh @ Brajesh Kumar Son of Shivo Singh Resident of villageBabhangama, P.S.-Bihpur, District-Bhagalpur 2.

Mritunjay Singh @ Niraj Singh Son of Shivo Singh Resident of villageBabhangama, P.S.-Bihpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard both parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 324, 307, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including petitioners mercilessly assaulted the son of informant with Hasua, iron rod and knife on the suspicion that he stole lemon.

4. It is submitted that allegation of assault is general and omnibus and no specific overt act has been alleged against petitioners. In fact, on account of land dispute between the parties, simple occurrence of marpit took place in which the son

Patna High Court CR. MISC. No.30067 of 2023(3) dt.17-07-2023 2/2 of informant sustained injuries.

5. Counsel for informant however vehemently opposed the prayer for bail and submitted that petitioners are named in the FIR and injuries caused to the son of informant found grievous in nature. Petitioners claim clean antecedents.

6. Considering the facts aforesaid and nature of injury, I am not inclined to enlarge the petitioners above-named on anticipatory bail in connection with Bihpur P.S. Case No. 457 of 2022. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T