Chintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62270 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- AGIAON District- Bhojpur ====================================================== Chintu Singh S/o Tilakdhari Singh, R/o Vill.- Barap, P.O.- Bagwan, P.S.- Agion (Garhani), Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 504, 506, 379, 307, 325 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was going to pay the premium amount of JCB, in the way, the accused persons surrounded him near Goraiya Asthan and started abusing him. On protest, he was assaulted and Rs. 55000/- was taken away by the accused persons. The petitioner is alleged to have assaulted the informant with iron rod causing bleeding injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.62270 of 2018(3) dt.22-11-2018 2/2 petitioner. The petitioner has been falsely implicated in the present case. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The specific overt act is alleged against the petitioner. As per the X-ray report, the nature of injury is said to be grievous.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Agion (G) P.S. Case No. 62 of 2018 is rejected. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V.//- U T