Amarnath Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43470 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43470 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ====================================================== AMARNATH SINGH SON OF RADHA KRISNA SINGH RESIDENT OF VILLAGE - BHAORE BIGHA, P.S.- SARE, DISTRICT - NALANDA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 52 of 2015 registered under Sections 341, 323, 307, 325 and 341 of the Indian Penal Code and Section 3(1)(x) of the SC/ST Act and later on Section 302 of the Indian Penal Code has been added pending in the court of Chief Judicial Magistrate, Nalanda at Biharsharif.

The accusation is that co-accused, Radha Krishna Singh, along with his two sons including the petitioner reached near the room of informant, Manti Devi, armed with lathi and started to assault her son, Pankaj and Aditya at which both

Patna High Court Cr.Misc. No.43470 of 2015 (2) dt.14-10-2015 sustained injuries. Aditya was also assaulted by the petitioner and his brother. Later on, in course of treatment, Pankaj Kumar died within 20 days of the occurrence.

Learned counsel for the petitioner submits there is general and omnibus allegation against the petitioner, his brother and father to cause injury to the deceased, Pankaj Kumar with specific allegation against the petitioner and brother of the petitioner to cause injury to Aditya through Lathi but the injuries found on the person of Aditya are simple in nature and only one injury was found on the person of Pankaj kumar. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to him. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T