Patna High CourtCR. MISC./31144/2015dismissed

Satya Narayan Yadav v. The State Of Bihar

2015-10-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31144 of 2015 Arising Out of PS.Case No. -255 Year- 2014 Thana -NARPATGANJ District- ARRARIA ====================================================== Satya Narayan Yadav Son of Late Anirudh Yadav resident of village - Ramghat, P.S. Narpatganj, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. C. Sen Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 302, 307 and other sections of the Indian Penal Code. The informant named the petitioner but the petitioner is not the assailant of the deceased husband of the informant. The petitioner is alleged to have assaulted Pintu Yadav with sword in his abdomen. It is submitted that simple injury is caused. The other accused persons, against whom there is no allegation of assault, have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 14709/2015 and Cr. Misc. No. 12778/2015.

Considering the fact that the petitioner gave a sword blow in the abdomen of Pintu Yadav and, of course, the injury is simple in nature but I am not inclined to enlarge the petitioner on

Patna High Court Cr.Misc. No.31144 of 2015 (3) dt.12-10-2015 2/2 anticipatory bail in Narpatganj P.S. Case No. 255/2014. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order and taking into consideration that the petitioner is not the assailant of the deceased, the injury caused by the petitioner is simple in nature and dispose of the bail petition on the same day.

(Prabhat Kumar Jha, J) Dilip/- U T