Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81869 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- PIRO District- Bhojpur ====================================================== 1.

Rajesh Singh S/o Radheshyam Singh R/o village- Amai Bihar Tola, P.S.- Piro (Hasan Bazar), Distt.- Bhojpur 2.

Krishna Singh S/o Radheshyam Singh R/o village- Amai Bihar Tola, P.S.- Piro (Hasan Bazar), Distt.- Bhojpur ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1.

Permission is granted.

Accordingly, this application in respect of petitioner no.1 is dismissed as withdrawn.

Petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code. On instigation and order of co-accused Baban

Patna High Court CR. MISC. No.81869 of 2019(2) dt.13-02-2020 2/3 Singh, co-accused Rajesh Singh and petitioner no.2 assaulted on the head of brother of the informant by means of danda resultantly he fell down and became senseless. Thereafter, all the accused persons escaped from the place of occurrence. The bone of contention is said to be that earlier to this occurrence hot discussions were made between the informant and others.

It is submitted by learned counsel for the petitioner no.2 that no such occurrence as alleged ever took place. The petitioner no2. is quite innocent and has been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioner no.2 is general and omnibus in nature. Petitioner no.2 has no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner no.2 is serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case and the nature of allegation, I am not inclined to enlarge the petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of petitioner no.2 is hereby rejected. However, petitioner no.2 is directed to surrender before the

Patna High Court CR. MISC. No.81869 of 2019(2) dt.13-02-2020 3/3 learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the very date of surrender.

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