Yogendra Mehta @ Yogi Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54896 of 2016 Arising Out of PS.Case No. -141 Year- 2016 Thana -PIPRA District- SUPAUL ======================================================

1. Yogendra Mehta @ Yogi Mehta, son of Laxman Mehta, resident of village- Jhitkiyahit, Police Station- Pipra, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 14-02-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Pipra P.S. Case No.141 of 2016 instituted for the offence under Section(s) 147, 149, 323, 324, 307 Indian Penal Code pending in the Court of the Addl. CJM-III, Supaul.

There is specific allegation against this petitioner of assaulting Deo Krishna Mehta with spade on his head. The learned APP has pointed out that Injury Report is available in the case diary, wherein, the doctor has found lacerated wound 31⁄2" x 1⁄4" x muscle deep over scalp and after CT Scan subdural haemotoma on left temporal convexity was found and the doctor opined the injury to be grievous in nature. Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.54896 of 2016 (3) dt.14-02-2017 2/2 there is allegation that the petitioner assaulted with sharp portion of the spade, whereas, doctor has found injury with hard and blunt substance.

These things are to be looked at during the course of trial and not at the stage of bail.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T