Rajesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14880 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Rajesh Singh, S/o late Jawahar Singh,

2. Binod Singh S/o Late Jawahar Singh, Both R/o Vill. Kapuri , P.S.- kateya, Distt.- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Kateya P.S. Case No. 325 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. It has been submitted that petitioners have clean antecedent. There is allegation against these petitioners of assaulting the informant with Tangi and Dab. The doctor has found the injury on the person of the injured caused by hard and blunt substance. It has further been submitted that petitioners and informant are Gotiyas.

There is land dispute between the parties for which counter case has been filed by the petitioners vide Complaint Case No. 13722 of 2017. In the written report it is alleged that on the date of occurrence the petitioners were cutting bamboo clump of the informant and when the informant forbade them, petitioner No.

Patna High Court Cr.Misc. No.14880 of 2018 (3) dt.26-04-2018 2/2 Tangi and petitioner No. 2 armed with Dab caused injury on the head of the informant. When the wife of the informant came to rescue them, co-accused Nagmaniya Devi and her daughter-in-law armed with lathi and Lavda assaulted the informant.

The injury report has been enclosed as Annexure-2 wherein the doctor has found three injuries, out of which, two injuries are lacerated wound on right side and left side of head. The 3rd injury was lacerated wound on right side of right eye. The doctor has opined all the injuries to be grievous in nature caused by hard and blunt substance.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order, if possible, on the same day.

(Sanjay Priya, J) S.Ali/- U T