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Patna High CourtCR. MISC./54984/2023rejected

Shrawan Singh v. The State Of Bihar

2023-08-25Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54984 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== 1.

Shrawan Singh Son Of Prabhu Singh Resident Of Village Bichhi Bandh Ps Karamchat District Kaimur Bhabua 2.

Jitendra Singh @ Niranjan Singh Son Of Prabhu Singh Resident Of Village Bichhi Bandh Ps Karamchat District Kaimur Bhabua 3.

Prabhu Singh Son Of Late Shiv Kumar Singh Resident Of Village Bichhi Bandh Ps Karamchat District Kaimur Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devi Das Srivastava For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-08-2023 It is submitted by learned counsel for the petitioner that petitioner no.3 has already been arrested. Hence, the present application with reference to petitioner no.3 has become infructuous.

2. Heard the learned counsel for the petitioner and the State.

3. The petitioners seek bail, apprehending his arrest, in connection with Karamchat P.S. Case No. 41 of 2023, registered for the offences punishable under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code.

3. As per allegation, all the accused persons including the petitioners assaulted the informant with lathi, danda and axe.

Patna High Court CR. MISC. No.54984 of 2023(2) dt.25-08-2023 2/2

4. The learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. He further submits that in fact the informant had purchased one goat from the petitioners and when the petitioners demanded sale money, the present false case has been filed with inordinate delay of 8 days.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier for anticipatory bail in this case.

6. It has further been stated that the petitioners have no criminal antecedent.

7. However, the learned APP for the State has opposed the prayer for bail and submits that the informant has received grievous injury on his head, which is vital part of the body.

8. Considering the nature of allegation, this Court is not persuaded to enlarge the petitioner on bail.

9. Accordingly, the present application stands rejected.

(Jitendra Kumar, J) Amrendra/- U T