Harendra Singh @ Harendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63135 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- TANDWA District- Aurangabad ====================================================== 1.

HARENDRA SINGH @ HARENDRA KUMAR SINGH Son of Jayaram Singh, Resident of Village - Kalapahad, P.S.- Tandwa, Tendua, Nabinagar, District - Aurangabad, Bihar.

2.

Suresh Singh Son of Late Mukhadev Singh, Resident of Village - Kalapahad, P.S.- Tandwa, Tendua, Nabinagar, District - Aurangabad, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha Mr. Ujjawal Kumar Singh Mr. Arvind Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 53/2021 registered for offence punishable under sections 341, 323, 326, 307, 379, 506/34 of the Indian Penal Code.

As per allegation, the petitioners came to the field of the informant. Petitioner no. 1 assaulted on the head of

Patna High Court CR. MISC. No.63135 of 2021(2) dt.19-07-2022 2/3 informant with hammer. Petitioner no. 2 assaulted the informant with farsa on his head and made him injured. Similarly co-accused Awadhesh Singh also assaulted him. The accused persons also assaulted the father of the informant when he came to rescue his son.

The learned counsel for the petitioners has submitted that petitioner no. 1 has lodged a case against the prosecution side as the family members of prosecution side in drunken condition attacked the family members of the petitioners and made them badly injured. He has submitted further that the act of the petitioners was in self defense.

The learned counsel for the informant has opposed the prayer for bail and submitted that the petitioners are direct assailants. The allegation is that they inflicted hammer blow and farsa blow on the head of the informant and his father and both sustained injures. The informant suffered injuries on his head which are grievous in nature as per report of CT-Scan. Considering the above-mentioned facts and circumstances as well as the injuries suffered by the informant, are grievous in nature, I do not think it to be a fit case for anticipatory bail and accordingly, it is rejected. Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.63135 of 2021(2) dt.19-07-2022 3/3 petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T