Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66527 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- AAYAR District- Bhojpur ====================================================== Ajay Singh Son of Vishwnath Singh Resident of Village- Shiva Tola, P.S. Aayar, District- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP For the Informant :

Ms. Kumari Ruchi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Ayar P.S. Case No. 13 of 2024 instituted for the offences under Sections 323, 341, 307, 354B, 325, 504, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he gave garasa blow to the sister of the informant causing injury on her left eye and left thumb.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.66527 of 2024(2) dt.01-10-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of two days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that during investigation, none has supported the case of the prosecution. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and jointly submitted that there is specific allegation of assaulting the informant's sister with garasa due to which she sustained injuries.

6. Considering the specific allegation of assaulting the informant's sister, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. However, liberty is granted to the petitioner to surrender before the learned Trial Court and, thereafter, seek regular bail. If any such application is filed, learned Trial Court

Patna High Court CR. MISC. No.66527 of 2024(2) dt.01-10-2024 3/3 shall consider and dispose of the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T