Patna High CourtCR. MISC./33208/2017dismissed

Nand Kishore Yadav v. The State Of Bihar

2017-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33208 of 2017 Arising Out of PS.Case No. -81 Year- 2013 Thana -MANIGACHI District- DARBHANGA ====================================================== Nand Kishore Yadav, Son of Sadhu Yadav, Resident of Village- Debipur Phulwan, P.S.- Mahigachhi, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party No.2 : Mr. Manish Jha, Advocate For the State : Mr. Nawal Kishoe Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Manigachhi P.S. Case No. 81 of 2013 instituted for the offence under Sections 147, 148, 323, 324, 307, 379, 506 and 504 of the Indian Penal Code.

This case is of the year 2013. The prayer for anticipatory bail of the petitioner has already been rejected by court below in the year 2013.

There is specific allegation against the petitioner of causing injury on the head of the informant with Farsa. The injury report has been enclosed as Annexure-3 wherein the Doctor has found grievous injury on the person of the injured. Police after investigation submitted Final Form without

Patna High Court Cr.Misc. No.33208 of 2017 (3) dt.20-09-2017 2/2 enclosing the injury report in the case diary. The learned court below has after differing with the finding of the police, has taken cognizance against the petitioner for the offence under Section 307 of the Indian Penal code after discussing about the injury on the person of the injured. Therefore, this Court does not find it a fit case to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed of by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T