Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16913 of 2018 Arising Out of PS. Case No.-466 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Arjun Singh, S/o Late Munshi Singh, Resident of Village- Shivganj, P.S.- Barachatti, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur For the State :

Mr. Sri Rajkishore Singh for the Opp.Party :

Mr. Ujjawal Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Barachatti P.S. case no. 466/17 instituted for the offence under Section(s) 341, 323, 324 and 308/34 of the Indian Penal Code.

In the written report, it is alleged that this petitioner armed with iron rod along with co- accused Rajesh Singh assaulted the informant on head causing injury. The injury report(s) of the informant as well as brother of the informant are available in record and enclosed as Annexure-P/2 which shows that the informant sustained grievous injury on his head whereas the brother of the informant , namely, Anuj Singh, has also sustained grievous injury on his head.

Patna High Court Cr.Misc. No.16913 of 2018(4) dt.17-05-2018 2/3 Case diary has been received.

Learned counsel for the informant has appeared and opposed the prayer for bail . He has submitted that statement of injured Vinod Singh has been mentioned in para 3 of the case diary wherein he has levelled specific allegation against this petitioner of causing injury on his head with khanti. The statement of another injured, namely, Anuj Singh, has been mentioned in para 4 of the case diary, wherein he has also levelled specific allegation against this petitioner of causing injury on his head with khanti. It is further submitted that this petitioner has concealed the fact in para 3 of bail petiton that one complaint case being complaint case no. 242 of 2010 is pending against him.

A supplementary affidavit has been filed on behalf of the petitioner wherein he has admitted about the pendency of the said complaint case no. 242 of 2010. It is submitted that he has no knowledge about the aforesaid complaint case. After getting knowledge about the said case he has appeared in that case. Be that as it may, since there is specific allegation against this petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Patna High Court Cr.Misc. No.16913 of 2018(4) dt.17-05-2018 3/3 Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and, if possible, disposed of on the same day on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T