Dileep Singh @ Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65752 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- Refinery District- Begusarai ====================================================== Dileep Singh @ Dilip Singh Son of Late Hivaran Singh R/o Village- Sabaura Ward No.13, P.S.- Refinery, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Refinery P.S. Case No. 28 of 2024 registered for the offences punishable under Sections 341, 323, 307, 379, 504 & 506/34 of the Indian Penal Code.

3. While the informant was regressing to his home after cutting grass and reached in front of the house of the petitioner, the petitioner is said to have started abusing him and on protest he assaulted him by danda. Two other co-accused also assaulted him by means of legs, punches and danda.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on account of his relationship with one co-accused, Deepak Kumar with whom the informant had some monetary dispute. It is further submitted that the

Patna High Court CR. MISC. No.65752 of 2024(2) dt.03-10-2024 2/2 falsity of the present case is also established by the fact that same has been lodged after delay of two days, only after ensuring that an injury report reflective grievous injuries has been obtained. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that due to assault by the petitioner, the informant has sustained grievous injury. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case and the fact that the injury sustained by the victim is grievous in nature, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T