Arvind Kumar Yadav @ Arvind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27911 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -GOPALPUR District- PATNA ====================================================== Arvind Kumar Yadav @ Arvind Yadav son of Late Radhey Shyam Singh Resident of Village- Udaini, P.S.- Gopalpur, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Aditya Narayan Singh-1, Advocate.
For the Opposite Party : Mr. Suresh Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2016 Heard both sides.
The petitioner apprehends his arrest in Gopalpur P.S. Case No. 190 of 2015 registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act.
The informant named the petitioner along with other accused persons and alleged that the petitioner having armed with sword and other accused persons having armed with different weapons came to the Darwaja of the informant and began to abuse the informant. The petitioner Arvind Kumar Yadav @ Arvind Yadav is alleged to have assaulted Prakash Kumar, the brother of the informant with sword. It is further alleged that Upendra Kumar Yadav and Rangin Donald caught his brother and James Kumar
Patna High Court Cr.Misc. No.27911 of 2016 (3) dt.04-10-2016 2/3 fired, which hit on the head of the brother of the informant. Learned counsel for the petitioner submits that there is a land dispute between the parties. Santosh Kumar and Others filed a case before the DCLR, Patna vide Land Dispute Case No. 124/2014-15 and the aforesaid case was decided in favour of the petitioner. It is further submitted that on the same day Gopalpur P.S. Case No. 191 of 2015, was registered on the statement of Santosh Kumar. This case has been lodged only to take revenge from the petitioner on account of land dispute. Annexure-4 shows that one lacerated wound was found on the right side of forehead of the brother of the informant but the nature of injury has not been described as the patient was sent to N.M.C.H. for treatment.
It appears that, of course, there is case and counter case and the occurrence took place due to land dispute, but there is specific allegation against the petitioner that the petitioner assaulted Prakash Kumar, the brother of the informant, with sword on his head and one lacerated wound size 2"x03"x05" was found on the forehead of brother of the informant and the patient felt dizziness and vomiting, therefore, he was referred to N.M.C.H. for better treatment.
Considering the facts aforesaid and the fact that the petitioner assaulted the brother of the informant with sword and
Patna High Court Cr.Misc. No.27911 of 2016 (3) dt.04-10-2016 3/3 corresponding injury was found, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T