Jitendra Kumar @ Jitendra Kumar Yadav @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18840 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- DELHA District- Gaya ====================================================== JITENDRA KUMAR @ JITENDRA KUMAR YADAV @ JITENDRA YADAV Son of Bachchu Yadav Resident of Mohalla - Barki Delha Kalyanpur, P.S.- Delha, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kiran Sinha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Delha P.S. Case No. 248 of 2018, registered for the offences punishable under Sections 341, 323, 307, 354, 504/506 of the Indian Penal Code.

Petitioner is said to have assaulted the father, uncle and aunt of the informant by means of Hockey Stick. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to animosity. F.I.R has been lodged after inordinate delay of two days and same was sent to

Patna High Court CR. MISC. No.18840 of 2019(4) dt.18-06-2019 2/2 the Court after seven days. Petitioner happens to be an Army personnel.

On the other hand, learned A.P.P. for the State vehemently opposing the bail petition submitted that the petitioner has assaulted three persons by means of Hockey Stick. Father of the informant has sustained grievous injury on his head while opinion regarding nature of injury of uncle of the informant is reserved, hence petitioner does not deserve bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seeks regular bail and the learned Court below is directed to pass an appropriate order in accordance with law without being prejudiced by this order on the very day of the filing of the petition.

(Prakash Chandra Jaiswal, J) T.Kr./- U T