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Patna High CourtCR. MISC./33993/2014rejected

Nago Yadav v. The State Of Bihar

2015-02-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33993 of 2014 Arising Out of PS.Case No. -274 Year- 2013 Thana -SIKANDARA District- JAMUI ======================================================

1. Nago Yadav Son of Late Durga Yadav Resident of Village - Acharyadih, P.S. - Sikandra, District - Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Arvind Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sikandara P.S. Case No. 274 of 2013 registered under Section-307 & other minor sections of the Indian Penal Code. Although there is case and counter case between the parties and persons from both sides, sustained injury but there is allegation of giving repeated blows by sharp cutting weapon on the head of the informant against the petitioner and hence, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Sikandara P.S. Case No. 274 of 2013 pending in the court of Chief Judicial Magistrate, Jamui stands

Patna High Court Cr.Misc. No.33993 of 2014 (2) dt.10-02-2015 2/2 rejected.

However, if, the petitioner surrenders in the court below within six weeks from today and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that the informant of this case has sustained simple injury whereas; persons from the side of the petitioner sustained grievous injuries. (Hemant Kumar Srivastava, J) A.K.V./- U T