Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36995 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Sachin Singh Son Of Nandkishore Singh @ Kishore Singh, R/O VillageNayka Barka Baiju Tola, P.S.- Rivilganj, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP For the Informant :

Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rivilganj P.S. Case No. 89 of 2022 lodged under Sections 341, 324, 307 and 302/34 of the I.P.C.

As per prosecution case, the informant has disclosed that on 19.03.2022 at about 6.20 pm his brother was returning to house along with his two friends named in the F.I.R. and as soon as they reached in Sengar Tola, 5 named accused persons including the present petitioner have attacked with knife in their hands. Specific allegation against the petitioner and one another

Patna High Court CR. MISC. No.36995 of 2022(4) dt.17-11-2022 2/3 that they have attacked by knife on their chest and stomach. Allegation against the other accused persons that they have attacked on other friends. It is further stated that the informant immediately went to hospital with injured persons where the informant's brother was died during treatment. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that from the contents of the F.I.R. an inference may also drawn that the informant is not present at the place of occurrence and he has come later. Counsel further submits that alleged place of occurrence is pitch road but the blood stain has not been found by the police which creates doubt. He further submits that petitioner is in custody since 19.03.2022 and charge sheet has already been filed in this case. He also submits that there are 3 criminals cases pending against this petitioner in which he is on bail but in fourth cases, petitioner has not been remanded.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that from bare reading of the F.I.R., it transpires that there is direct and specific

Patna High Court CR. MISC. No.36995 of 2022(4) dt.17-11-2022 3/3 allegation against the present petitioner alongwith one Neeraj Singh. The post mortem report categorically indicates that there are multiple injuries on the body of the deceased at chest and stomach both and death has been caused due to these reasons. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at this stage. Therefore, bail petition of the petitioner is hereby rejected.

(Dr. Anshuman, J.) ravishankar/- U T