Jyotish Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.9779 of 2018 (2) dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9779 of 2018 Arising Out of PS.Case No. -11 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Jyotish Yadav S/o Bano Yadav, R/o Village- Rahi Tola, P.S.- Gwalpara, District- Madhepura. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP For the Informant : Kumari Rashmi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody, seeks bail in Gwalpara PS Case No. 11 of 2016 registered under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the IPC and Section 27 of the Arms Act. The allegation in brief is that several persons assaulted the injured and the specific allegation against this petitioner is that he gave iron rod over head.

Learned Counsel for the petitioner submits that other coaccused have been granted bail, there is land dispute between both sides, some of the co-accused have been granted anticipatory bail and some regular bail and the petitioner is in custody since 6.11.2017.

Learned Counsel for the informant and the State submit that specific allegation of hitting over head is only against this petitioner, there is fracture over the temporal bone of the victim and the patient was referred to PMCH.

Having considered the specific allegation against the petitioner of giving iron rod blow over the head causing grievous injury his prayer for bail is rejected.

The petitioner may renew the prayer for bail after framing of the charge.

Snkumar/- (Arun Kumar, J.) U T