Jag Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48794 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Jag Narayan Singh Son of Harihar Singh R/O Vill.- Samsuddin Pur, P.S.- Revilganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP For the Informant :

Mr. Shekhar Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-08-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rivilganj P.S. Case no. 258 of 2023 registered under sections 307, 341, 323, 325, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that over a land dispute as a result of assault by the petitioner with a sword, the informant somehow saved himself by bringing his hand in between. As a result of the assault he sustained grievous injuriers on his hand.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.48794 of 2024(2) dt.08-08-2024 2/3 that from the contents of the F.I.R itself it would be evident that there is land dispute between the parties. The cause of false implication is land dispute. The manner of occurrence and the informant having sustained injuries is other than what has been narrated in the F.I.R. There is case and counter case between the parties. The petitioner undertakes to cooperate in the case.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R but there is direct allegation against him of having struck the informant with a sword on his neck, however the informant having saved himself with his hand, sustained grievous injuries on his hand, reference of the injuries having come in the order of the learned trial Court.

6. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner in the F.I.R resulting in grievous injuries on the informant, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.

8. In case the petitioner so surrenders and pray for

Patna High Court CR. MISC. No.48794 of 2024(2) dt.08-08-2024 3/3 regular bail, the same shall be considered on its own merits without being prejudiced by this order of rejection. (Partha Sarthy, J) Harsh/- U T