Mankeshwar Singh @ Mangeshwar Singh @ Mangkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57675 of 2022 Arising Out of PS. Case No.-332 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== MANKESHWAR SINGH @ MANGESHWAR SINGH @ MANGKESHWAR SINGH Son of Late Bhikham Singh, resident of VillageAhiraulia, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh,Adv.

For the State :

Mr. Shyam Kumar Singh,APP For the Informant :

Mr. Abhishek Kumar,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Mr. Shyam Kumar Singh as also learned counsel for the informant, Mr. Abhishek Kumar, Advocate.

The petitioner seeks regular bail in connection with Chiraiya P.S. Case No.332 of 2022, registered for the offences punishable under Sections 341, 323, 325, 307, 447, 379, 504, 506/34 of the Indian Penal Code.

The allegation is regarding some altercation having taken place in between the grandson of the informant with one, Rajiv Ranjan, whereafter, the grandson of the informant and the

Patna High Court CR. MISC. No.57675 of 2022(2) dt.04-02-2023 2/3 said, Rajiv Ranjan had gone to their respective houses, however, at around 9:00 p.m. on 17.07.2022, eight accused persons including the petitioner herein had arrived at the door of the house of the informant variously armed and as far as the petitioner is concerned, he is alleged to have assaulted the son of the informant, namely, Abhimanyu Kumar Singh with iron rod on his head, resulting in him sustaining serious injuries. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 21.07.2022. The learned counsel for the petitioner has further submitted that considering the fact that the injury sustained by the injured, attributable to the petitioner herein is not on vital part and moreover, a single blow has been alleged to have been inflicted, the petitioner be granted privilege of bail.

Per contra, the learned APP for the State as also learned counsel for the informant have

Patna High Court CR. MISC. No.57675 of 2022(2) dt.04-02-2023 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that a single blow has been inflicted by the petitioner on the non-vital part of the injured person, namely, Abhimanyu Kumar Singh, however, there is no repetition, apart from the fact that the petitioner is having a clean antecedent, but considering the fact that injuries sustained by the inured persons are grievous in nature, I deem it fit and proper to grant liberty to the petitioner to renew his prayer for bail immediately after framing of charges.

The petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) kanchan/sonalU T