Chhabila Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.6224 of 2015 (2) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6224 of 2015 Arising Out of PS.Case No. -68 Year- 2014 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chhabila Yadav Son of Bhikhi Yadav Resident of village - Mangani Tola, Bahuarwa, P.S. Majhaulia, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

There is specific allegation against the petitioner that he gave Dabia blow causing injury on the head of the informant. Annexure 2 injury report of the informant reveals that he sustained incised wound 1 1⁄2" X 1⁄4" X muscle deep over mid of skull with bleeding. The nature of the aforesaid injury was found to be simple but caused by sharp cutting weapon.

Considering the facts and circumstances as well as submissions of the parties, this petition filed in connection with Majhaulia P.S. Case no. 68/2014 pending in the court of the Chief Judicial Magistrate, Bettiah, West Champaran stands rejected. However, if the petitioner surrenders within six weeks from today and seeks regular bail, his regular bail application shall be considered on its own merit without being prejudiced by this rejection

Patna High Court Cr.Misc. No.6224 of 2015 (2) dt.16-02-2015 order, particularly, keeping in mind that the simple injury was found on the head of the informant and there is no repetition of blow. shahid (Hemant Kumar Srivastava,J) U T