Biranchi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21265 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Biranchi Yadav, Son of Jhari Yadav, Resident of Village- Neemanawada, P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Khaira P.S. Case No. 130 of 2017 for the offences punishable under sections 341, 323, 324, 307, 504 and 379/34 of the I.P.C.

Allegedly, the petitioner with an intention to kill gave sword blow on the neck of Sakaldeo Yadav which hit his head causing serious injury and bleeding resulting Sakaldeo Yadav fell down.

Submission is of false implication and that there is no allegation for repeating the blow, no offence under section 307 of

Patna High Court Cr.Misc. No.21265 of 2018 (2) dt.27-04-2018 2/2 the I.P.C. is made out, there is case and counter case, the fardbeyan lodged by the petitioner's side is of earlier time, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that grievous injury has been found on the person of Sakaldeo Yadav which is evident from Annexure-2 of the bail petition itself.

In the facts and circumstances stated above, considering the allegation and nature of the injury, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Jamui. (Jitendra Mohan Sharma, J) Abhay/- U T