Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29867 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== ABHAY SINGH SON OF LATE ARUN SINGH, R/O- LAUKAHA, P.S.- CHAKIA, DISTRICT- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Prerna Rishi For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Kalyanpur P.S. Case No. 03 of 2022, registered for offence punishable under Section 394 of the Indian Penal Code. As per allegation, the informant was going to his house by Super Splendor Bike bearing registration No. BR6CU-8916 and when he reached near Tulsipatti More, two persons on a bike intercepted him and they started assaulting with knife on his person. Thereafter, they started fleeing away, but the villagers chased them and one of them was apprehended, who disclosed his name as Abhay Singh (petitioner).

Patna High Court CR. MISC. No.29867 of 2022(7) dt.19-05-2023 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and in all the cases mentioned in paragraph no. 3 of the bail petition, he is on bail. He has also submitted that the seized motorcycle belongs to the informant and it was not recovered from the possession of the possession, rather it was parked on the road. On the other hand, the learned APP has opposed the prayer for bail.

Paragraph no. 3 of the bail petition shows that the petitioner is a person of strong criminal antecedents and he is involved in sixteen cases of serious nature and two of those are under Section 302 of the Indian Penal Code. He was arrested at the spot by the villagers when he was fleeing away after making the informant injured by repeated stabbing blows. In my view, the petitioner does not deserve the privileges for bail, which is accordingly rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T