Patna High CourtCR. MISC./37562/2017rejected

Rajesh Kumar Yadav v. The State Of Bihar

2017-08-10Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37562 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -KISHUNPUR District- SUPAUL ====================================================== Rajesh Kumar Yadav Son of Late Ram Prasad Yadav, Resident of VillageFulwaria, P.S.- Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Kishanpur P.S. Case No.138 of 2017, registered under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. Allegation in brief is that informant was taking tea at the stall of the petitioner, some altercation took place with the petitioner and one Vikram Yadav and they started abusing him so he made protest then three other co-accused came and assaulted badly with lathi and danda to the informant and his son. The son of the informant became unconscious and fell down thereafter he was referred to D.M.C.H., Darbhanga by the local doctor. Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.37562 of 2017 (2) dt.10-08-2017 2 / 2 is no allegation of assault against this petitioner rather it is against other accused persons. It is also submitted that the petitioner is a patient of leprosy.

Learned counsel for the State submits that the quarrel was picked up by this petitioner and from his side other accused came and badly assaulted over the head of the informant's son causing fracture of his temporal bone.

Considering the nature of offence, the prayer of anticipatory bail of the petitioner stands rejected in connection with Kishanpur P.S. Case No.138 of 2017, pending in the court of the learned Chief Judicial Magistrate, Supaul. However, if the petitioner surrenders and seeks regular bail, the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T