Mantosh Singh @ Jhunger Singh @ Jhingur Singh @ Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66971 of 2024 Arising Out of PS. Case No.-280 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Mantosh Singh @ Jhunger Singh @ Jhingur Singh @ Santosh Singh Son of Satendra Singh @ Satyendra Singh Resident of Village- Nayak Barka Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Rivilganj P.S. Case No. 280 of 2020, registered on 06.08.2020 for the offences under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, the petitioner and other co-accused persons, over some minor dispute with the informant surrounded him and allegation against the petitioner and Anikesh Kumar Singh is that they gave knife blows to the informant. On intervention of local people and passers-by, the assailants left the spot.
Patna High Court CR. MISC. No.66971 of 2024(2) dt.05-10-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No occurrence has been committed in the manner as alleged. The occurrence was caused by the persons who are inimical to the informant and the informant himself is a man of cruel behaviour and has enmity with a number of persons. Learned counsel further submits that altogether ten injuries have been found on the person of the informant according to the injury report. Out of which seven injuries are stated to be caused by sharp object whereas three injuries are stated to be caused by hard and blunt object. But from the FIR there is no allegation of any hard and blunt object being used for assaulting the informant. Learned counsel further submits that three knife blows have been stated to be received by the informant but altogether seven injuries of sharp weapon have been found which is also not corroborative of the FIR. Nine injuries are simple and only one injury injury is stated to be grievous. Petitioner is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail. Learned APP submits that seven injuries of knife were caused by the petitioner or the co-accused on three different body parts.
Patna High Court CR. MISC. No.66971 of 2024(2) dt.05-10-2024 3/3
6. Considering the specific nature of allegation against the petitioner for causing injury by sharp weapon and further considering the corresponding injury, I am not inclined to enlarge the petitioner on anticipatory bail.
7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Arun Kumar Jha, J) balmukund/- U T