Chuman Singh @ Samrendra Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65090 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

CHUMAN SINGH @ SAMRENDRA PRATAP SINGH Son of Narendra Pratap Singh Resident of Village- Mathiya Bhopat, P.S.- Lakhaura, DistrictEast Champaran. 2.

VISHAL SINGH @ UJJAWAL SINGH@ UJJAWAL KUMAR Son of Chuman Singh @ Samrendra Pratap Singh Resident of Village- Mathiya Bhopat, P.S.- Lakhaura, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the State :

Mr.Anil Kumar Singh No. 1 For the Informant : Mr. Patanjali Rishi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, these petitioners along with other FIR named accused persons brutally assaulted the informant's father due to which he died. It is further alleged that the accused persons committed loot-pat and also assaulted the family members of the informant.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.65090 of 2021(3) dt.25-08-2022 2/2 the case. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. It is further submitted that both parties are agnates and on the date of occurrence the deceased received some injuries due to accident and subsequently died.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that petitioners are named in the FIR and there is direct and specific allegation against them that brutally assaulted informant's father due to which he died. The mother of informant also sustained injury in the occurrence. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T