Patna High CourtCR. MISC./25613/2020rejected

Santosh Singh @ Santosh Yadav v. The State Of Bihar

2020-10-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25613 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SANTOSH SINGH @ SANTOSH YADAV S/o Shambhu Rai Resident of Village-Jaganpura (Sampatchak), Police Station-Ram Krishna Nagar, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Ram Krishna Nagar P.S. Case No.155 of 2020 registered under Sections 448, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The informant named the petitioner along with other accused persons alleging therein that on 30.05.2020 when he was in his house, the accused persons including the petitioner came there and abused him. The accused persons assaulted on the shoulder of the informant with knife and also assaulted on the head of the father of the informant. Both were seriously injured. The accused persons also snatched a gold chain from the informant. The informant earlier lodged a case against the petitioner and others being Ram Krishna Nagar P.S. Case

Patna High Court CR. MISC. No.25613 of 2020(2) dt.15-10-2020 2/2 No.341 of 2019 under different Sections of the Indian Penal Code.

The learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. No offence under Section 307 of the Indian Penal Code is made out. The injury received by the informant is opined to be simple in nature but it appears that there is specific allegation against the petitioner that he assaulted on the shoulder of the informant with knife. Of course the injury is simple in nature but the injury on the shoulder of the informant is caused by a dangerous weapon.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T