Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50246 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== NIRAJ KUMAR SINGH S/o Satendra Singh @ Satyendra Nayaran Singh R/o village- Garwa, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 326, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 07.04.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that the named accused persons, including the petitioner, assaulted his son while he along with his son was standing near his house and the petitioner stabbed his son and the other accused persons assaulted the informant with lathi and danda.

Patna High Court CR. MISC. No.50246 of 2021(3) dt.25-04-2022 2/2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the cause of occurrence was with respect to flowing of water. It is further submitted that a counter case has been instituted in which it is alleged that the deceased died on account of assault made by the informant but the informant took the same as an opportunity for implicating the present petitioner. Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that whatever has been submitted by the learned counsel for the petitioner that is, for the present, is in nature of defence, it is submitted that there is specific allegation of stabbing the son of the informant by this petitioner leading to his death as such the petitioner is the main assailant. It is also submitted that the injury is on vital part of the body i.e. the chest.

Considering the submissions made by the learned A.P.P. for the State, the Court, for the present, is not inclined to grant bail to the petitioner. His prayer for bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T