Niraj Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 365 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.33006 of 2020
       Arising Out of PS. Case No.-17 Year-2020 Thana- MASHRAK District- Saran
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Niraj Kumar Singh, Gender-Male, Aged about 28 years, S/O Dudhnath Singh, R/O Village - Harpur Jan, PS - Mashrak, District - Saran at Chapra.

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Jeetendra Narayan, learned counsel for the

petitioner; Mr. Sanjay Kumar Sharma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Tej Pratap Singh, learned counsel for the informant.

2. The petitioner is in custody in connection with

Masrak PS Case No. 17 of 2020 dated 06.01.2020, instituted under

Sections 147/148/341/323/354B/379/307/504/506 of the Indian

Penal Code.

Patna High Court CR. MISC. No.33006 of 2020 dt.27-01-2021

3. The allegation against the petitioner and others is of

general assault but specifically against the petitioner of inflicting

blow on the head by farsa on the informant.

4. Learned counsel for the petitioner submitted that

the parties are agnates and there was dispute relating to fishing

resulting in the incident. It was submitted that the injury report

discloses that there was hairline fracture on the skull and, thus,

there was no motive to kill. Learned counsel submitted that the

petitioner is in custody since 15.07.2020.

5. Learned APP submitted that the attack on the head by

a dangerous weapon is specifically against the petitioner and the

injury report corroborates the same.

6. Learned counsel for the informant submitted that the

attack was to kill as a big wound on the head was found and the

Court below has directed the doctor to submit an explanation as to

how in the face of such serious injury a diluted report has been

submitted. It was submitted that the photograph of the injury,

which was also shown to the Court, indicates that there is deep

wound right across the skull on a large area in a semicircular form,

which according to learned counsel, clearly indicates that the

intention was to kill and somehow the victim survived.

Patna High Court CR. MISC. No.33006 of 2020 dt.27-01-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to enlarge the petitioner on bail, for the present.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T