Patna High CourtCR. MISC./25251/2014rejected

Akhilesh Kumar Yadav @ Aklesh Kumar v. The State Of Bihar

2015-07-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25251 of 2014 Arising Out of PS.Case No. -525 Year- 2013 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Akhilesh Kumar Yadav @ Aklesh Kumar S/o Rajaram Yadav Resident of Village-Bania, P.S.-Gopalpur (Rangra Chowk O.P.), District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Ram Naresh Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-07-2015 Heard Mr. C.M. Jha, Counsel for the petitioner and the APP for the State.

The petitioner herein is cited as the sole accused in Purnea P.S. Case No. 525 of 2013 registered under Sections 448, 341, 323, 324, 326, 307/34 of the Indian Penal Code. The allegation is that while the informant was inside the room of the hostel, petitioner along with other intruded and started inflicting knife blow on the neck and other parts of the body including the abdomen. Hulla was raised which attracted the people around and the petitioner escaped.

Contention of the petitioner is that both the petitioner and the informant live in the same hostel. The injuries have not been held to be grievous. There is no injury on the stomach which has been alleged by the informant. In fact, the LTI of the informant

Patna High Court Cr.Misc. No.25251 of 2014 (3) dt.16-07-2015 2/2 was obtained and the ferdbeyan was prepared. The informant is not ready to support the allegation attributed to him. Petitioner is a student of engineering and of clean antecedent. Counsel for the State submits that there is specific allegation of assault attributed to the petitioner and the doctor found injuries on the neck and around as has been alleged in the First Information Report.

Taking into account the facts and circumstances of the case, I am not persuaded to extend the privilege of anticipatory bail. Prayer is, accordingly, rejected.

Petitioner may surrender and seek bail.

(Kishore Kumar Mandal, J) Pankaj/- U T