Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73110 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAJU SINGH Son of Mahendra Singh Resident of Village- Kundal, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP Mr.Ajay Kumar Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. .

Petitioner apprehends his arrest in connection with Mahindwara P.S. Case No.126 of 2022, registered for the offence punishable u/s 341, 323, 324, 307, 379, 504, 506 of IPC. Allegedly, the petitioner is said to have assaulted the informant by means of Farwa.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case due to prior enmity. It is submitted that there is a case and counter-case between the parties and in the alleged occurrence, both sides have sustained injuries. There is a land dispute

Patna High Court CR. MISC. No.73110 of 2022(2) dt.24-03-2023 2/2 between the parties and the parties happens to be the agnates. It is submitted that the injury report of the informant is of a private hospital and as per the case diary, no witness has supported the prosecution case. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is direct allegation against the petitioner and the injury sustained by the informant is grievous in nature. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned court below would pass order, in accordance with law.

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