Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31426 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== SHAMBHU SINGH Son of Late Wakil Singh Resident of Village - Sihauta, P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Maharajganj P.S. Case No. 18 of 2019 registered under sections 147, 148, 149, 341, 323, 324, 307, 379 and 506 of the I.P.C. pending in the Court of A.C.J.M.-V, Siwan. Later on, section 302 of the I.P.C. was added Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Further submission is that petitioner has got no criminal antecedent. He is in custody since 22.01.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that in the

Patna High Court CR. MISC. No.31426 of 2019(4) dt.09-07-2019 2/2 first information report, there is direct allegation of assault by means of knife and danda against the petitioner and also taking away Rs. 20,000/- from the pocket of the informant. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T