Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78579 of 2018 Arising Out of PS. Case No.-449 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Raj Kumar Yadav, S/o Kamleshwari Yadav, Residents of Village- Belokhari, Ward No/- 13, P.S.-Madhepura (Ghailadh O.P.), District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Madhepura (Ghailadh) P.S. Case No. 449 of 2018 registered under sections 147, 148, 149, 323, 324, 307, 504 and 506 of the I.P.C. pending in the Court of C.J.M., Madhepura. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case due to land dispute. Further submission is that both the parties are agnates and the petitioner is in custody since 24.09.2018.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is direct allegation of assault by means of axe on the head of the

Patna High Court Cr.Misc. No.78579 of 2018(2) dt.25-01-2019 2/2 injured against the petitioner and injury no. 1, lacerated wound, is kept reserved for opinion.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, the petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Shailendra/- U T