Patna High CourtCR. APP (SJ)/1990/2020dismissed

Abhimanu Kumar Singh @ Abhimanu Singh v. The State Of Bihar

2021-07-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1990 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- SIKARHATTA District- Bhojpur ============================================== ABHIMANU KUMAR SINGH @ ABHIMANU SINGH Son of Arbind Singh Resident of Village - Beldehri, P.S.- Sikrahatta, Distt.- Bhojpur. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ============================================== Appearance :

For the Appellant/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Jharkhandi Upadhyay, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl. P.P.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2021 Heard Mr. Krishna Prasad Singh, learned senior counsel for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State. The appellant has challenged the order dated 20.08.2020 passed by the learned 1st Additional Session Judge, Bhojpur at Ara in B.P. No. 1783 of 2020 arising out of Sikarhatta P.S. Case No. 50 of 2020, whereby the prayer made on behalf of the appellant for grant of bail for

Patna High Court CR. APP (SJ) No.1990 of 2020(12) dt.20-07-2021 2/3 the offences under Sections 147, 148, 149, 323, 326 and 307 of the Indian Penal Code, Section 27 of the Arms Act and under Section 3(1)(r)(s) of SC/ST (POA) Act has been rejected.

The accusation in the First Information Report against the appellant is of having fired from his weapon leading to injuries in the eye of the victim. Learned senior counsel for the appellant has submitted that the occurrence took place out of a small dispute while playing cricket and that the appellant does not have the criminal antecedents.

Case diary was called for to examine the nature of injury.

Mr. Paswan, learned Special Public Prosecutor for the State has informed this Court that the injury in the eye suffered by the victim is reported to be grievous in nature. The appellant is in custody since 06.06.2020. However, regard being had to the fact that the appellant is the author of the grievous injury in the eye of the victim, I am not inclined to interfere with the order

Patna High Court CR. APP (SJ) No.1990 of 2020(12) dt.20-07-2021 3/3 refusing to allow bail to the appellant, for the present. The appeal is dismissed with the afore-noted observation.

(Ashutosh Kumar, J) sunilkumar/- U T