Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16937 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Yogendra Prasad Son of Late Charitra Yadav, Resident of Village - Reri Parwalpur, Police Station - Hilsa, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 147, 323, 504, 325, 308, 379 of the Indian Penal Code. The informant alleged that the petitioner and other accused persons indiscriminately assaulted him and others. Three persons were injured.

It is submitted that there is no specific allegation of assault against the petitioner and the petitioner was not even present at the place of occurrence but it appears that the informant made allegation against all the accused persons that they assaulted him and others. The informant also got one grievous injury on his shoulder causing dislocation of his right shoulder joint and other

Patna High Court Cr.Misc. No.16937 of 2016 (2) dt.16-05-2016 2/2 persons also got injuries.

Considering the facts aforesaid and the nature of allegations made against the petitioners, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below, i.e., learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Hilsa P.S. case No. 71/2016, and the court below shall consider the prayer for regular bail without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T