Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33010 of 2020 Arising Out of PS. Case No.-212 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== SHANKAR SINGH, Son of Rajendra Singh @ Rajendra Prasad singh Resident of Village - Mahanandpur, Police Station - Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-03-2021 Heard Mr. Vibhuti Ranjan Sonvadra, learned counsel for the petitioner and Mr. Syed Syed Ehteshamuddin, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Akbarpur P. S. Case No. 212 of 2020, dated 05.05.2020, instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

A dispute took place between the parties because of the wife of the petitioner having thrown

Patna High Court CR. MISC. No.33010 of 2020(2) dt.03-03-2021 2/3 garbage in the field of the informant. The petitioner and two others are said to have assaulted the informant. The allegation against the petitioner is of having assaulted the informant with Gadasa but the corresponding injuries on the informant have been opined to be simple in nature. The accused persons who are said to have assaulted the informant by means of an iron rod have caused grievous injuries on his person.

The submission on behalf of the petitioner therefore is that the assault perpetrated by him had only caused simple injuries.

However, regard being had to the fact that the persons who had assaulted the informant by iron rod were arrested and later on granted bail by the court below, I am not inclined to exercise my discretion for grant of anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, it shall be disposed off on its

Patna High Court CR. MISC. No.33010 of 2020(2) dt.03-03-2021 3/3 own merits, keeping in mind that co-accused persons who are said to have caused grievous injuries have been released on bail; that the petitioner does not have criminal antecedents; that there is counter version of the occurrence also and that there are injuries on the side of the prosecution as well.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T