Subhash Singh vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner.

As Mr. Ajay Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP'), who was entrusted with the brief, is no more alive, at the request of the Court, Mr. Jharkhandi Upadhyay, learned APP has assisted.

The petitioner is in custody in connection with Sikty PS Case No. 120 of 2019 dated 26.07.2019 (GR No. 2670 of 2019) instituted under Sections 341/323/324/307/504 of the Indian Penal Code.

The allegation against the petitioner is that he had inflicted knife blow on the stomach of the victim and when the brother-in-law of the informant had gone to save the victim, the petitioner is said to have also inflicted knife blow on the thigh of the brother-in-law of the informant.

Learned counsel for the petitioner submitted that on the spur of the moment there was fight which resulted in the incident. It was further submitted that the petitioner has no other criminal antecedent and is in custody since 26.07.2019.

Learned APP submitted that there is direct allegation against the petitioner of causing grievous injury, by knife, on the stomach of one of the victims due to which the intestine had come out and when the brother-in-law of the informant had gone to save the victim, the petitioner also inflicted blow on his thigh causing injury.

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.

Accordingly, the application stands dismissed.