Patna High CourtCR. MISC./1115/2024bail rejected

Anil Kumar Singh v. The State Of Bihar

2024-03-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1115 of 2024 Arising Out of PS. Case No.-325 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Anil Kumar Singh Son of Inaraman Singh Resident of village- Siswa Kodar, Purba Tola, P.S.- Paharpur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case no.325 of 2023 registered under sections 307, 341, 323, 324, 325, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have come variously armed. The petitioner armed with chhura is said to have assaulted the informant causing grievous injury and also assaulted one Dukhan Singh.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No case under section 307 of the Indian Penal Code is made out. All the injuries even on Sudama Singh have been

Patna High Court CR. MISC. No.1115 of 2024(3) dt.21-03-2024 2/2 found to be simple in nature and the so called grievous injury is on the non-vital part of the body. The petitioner is in custody since 14.8.2023 and has no criminal antecedent. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. and one of the injury on the informant having been found to be grievous in nature, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail on completing 1 year in custody. (Partha Sarthy, J) Bibhash U