Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4885 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Birbal Yadav Son of Banarsi Yadav, Resident of village- Dumari, P.S.- Majhauliya, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 302, 324, 307, 504 of the Indian Penal Code.

The prosecution case is that the 14 accused persons variously armed came to the door of the informant and started abusing. On protest being made by the brother of the informant Rajbanshi Yadav, on the order of co-accused Banarsi Yadav and Baliram, the petitioner assaulted with farsha on the brother of the informant, causing injury on the left side of his chest. Subsequently, the brother of the informant succumbed to

Patna High Court Cr.Misc. No.4885 of 2016 (2) dt.05-02-2016 the injury.

It is submitted by the learned counsel for the petitioner that for a petty dispute the incident taken place and there is no accusation of repeating the blow. Considering the fact that petitioner has assaulted the brother of the informant, this Court is not inclined to grant bail to the petitioner in connection with Majhauliya P.S. Case No. 159 of 2015, pending in the Court of learned Chief Judicial Magistrate, Bettiah, West Champaran.

Accordingly, the bail application is rejected. (Dinesh Kumar Singh, J) P.K./- U T