Bipin Yadav @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14275 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== BIPIN YADAV @ BIPIN KUMAR (Male, aged about 35 years) Son of Naresh Yadav Resident of Village - Hiraban Bigha, P.S.- Nardiganj, District - Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioners, in the present case, are seeking anticipatory bail in connection with Nardiganj P.S. Case No. 163 of 2018 registered for the offences under Section 341, 323, 308, 379, 504, 506/34 of the Indian Penal Code pending in the court of learned Judicial Magistrate, 1st Class, Nawada.

Learned counsel for the petitioner submits that even though there are allegations that this petitioner had given a Khanti blow on the head of the informant which has caused injury. The fact is that there are allegations of assault against co-accused also by Lathi & Danda. Those co-

Patna High Court CR. MISC. No.14275 of 2019(2) dt.11-03-2019 2/3 accused have been granted privilege of anticipatory by learned coordinate Bench of this court.

Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner as according to him the lacerated wound which has been found scalp deep on occipital area of scalp with profused bleeding has been specifically attributed to this petitioner. It is submitted that so far as the co-accused who have been granted anticipatory bail is concerned, the allegations against them are not corroborated by the injury report, therefore, the case of this petitioner is to be treated differently of the case of the co-accused.

Having heard learned counsel for the petitioner and learned A.P.P. for the State, in the given facts and circumstances where there is specific allegation against the petitioner which has been corroborated by the injury report showing that petitioner has assaulted on the vital part of the body and there was a scalp deep injury on the head, this court is not willing to grant benefit of anticipatory bail to the petitioner.

This application is dismissed.

Patna High Court CR. MISC. No.14275 of 2019(2) dt.11-03-2019 3/3 In case, the petitioner surrenders and prays for regular bail in the court below within a period of within a period of four weeks from today, the same shall be considered on it's own merit.

(Rajeev Ranjan Prasad, J) Rajeev/- U T