Patna High CourtCR. MISC./2735/2019bail rejected

Mahesh Yadav v. The State Of Bihar

2019-01-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2735 of 2019 Arising Out of PS. Case No.-289 Year-2014 Thana- JAMUI District- Jamui ====================================================== Mahesh Yadav son of Biju Yadav Resident of Village - Chaudiha, PS & District-Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The learned counsel for the petitioner is permitted to make necessary correction in the cause title. The petitioner is seeking anticipatory bail in connection with Jamui P.S. Case No. 289 of 2014 registered for offence punishable under sections 341, 342, 323, 307 and 504 of the Indian Penal Code.

The petitioner is a member of C.R.P.F. and the allegation has been made that the petitioner and his family members assaulted the victim mercilessly. Against the petitioner there is specific allegation to have caused injury by khanti as a result of which oozing blood started from the head of the victim. The learned counsel for the petitioner submits that on

Patna High Court Cr.Misc. No.2735 of 2019(2) dt.22-01-2019 2/2 the date of occurrence, the petitioner was on duty and has falsely been implicated in the present case.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail before the court below within a period of four weeks, the court below without being prejudiced by this order, will examine the records and take decision in accordance with law on the same day. (Shivaji Pandey, J) mkchy/- U T