Abhijeet Kumar Singh @ Chhatu @ Abhijeet Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72820 of 2019 Arising Out of PS. Case No.-297 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== ABHIJEET KUMAR SINGH @ CHHATU @ ABHIJEET KUMAR @ CHHOTU Son of Late Satish Singh Resident of Village - Saristabad Rajputana, P.S.-Gardanibagh, Distt - Patna.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Shashi Bhushan Kumar, Advocate.

For the State :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard the parties.

The petitioner seeks bail in connection with Gardanibagh P.S. Case No.297 of 2019 registered under Sections 341, 323, 504, 379 and 307/34 of the Indian Penal Code, pending in the court of the Sub Judge XIV-cumAdditional Chief Judicial Magistrate, Patna. The accusation is that at about 11.00 P.M. on 07.05.2019, the informant Ritesh Kumar was returning to his house from his furniture shop, situated at Kachchi Talab. When the informant reached near his house, then 3-4 persons surrounded him and on the point of the weapon like sword they started to snatch money from him. When the informant made protest, then they started to abuse and gave the weapon like

Patna High Court CR. MISC. No.72820 of 2019(4) dt.05-03-2020 2/3 sword at him, due to which the informant sustained injury on his forehead and blood started oozing out. Out of them, the informant disclosed the name of one person as Abhijeet Kumar Singh (petitioner). The informant claimed to identify the others on seeing them again.

Learned counsel appearing on behalf of the petitioner submits that while the occurrence is said to be of about 11.00 P.M. of 07.05.2019 but the fardbeyan of the informant was recorded on 09.05.2019 and the case was registered on 10.05.2019 at Gardanibagh Police Station. Further submission is that while the allegation has been made in the F.I.R. to cause injury to the informant by the petitioner and others but the police submitted the charge-sheet without any injury report, which would appear from the case diary, which is upto paragraph-60. The petitioner is in custody since 06.07.2019.

Learned counsel for the informant opposed the prayer of the petitioner for grant of bail submitting that the injury as found on the person of the informant is grievous in nature and the copy of the injury report is with him. Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am

Patna High Court CR. MISC. No.72820 of 2019(4) dt.05-03-2020 3/3 not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. However, the petitioner may renew his prayer for bail after completing one year in jail custody.

(Rajendra Kumar Mishra, J) P.S./- U T