Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58287 of 2017 Arising Out of PS. Case No.-89 Year-2017 Thana- LAURIYA District- West Champaran ====================================================== Raju Yadav, S/o Ramlal Yadav, Resident of Village - Telpur, P.S.- Lauriya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Sri Arun Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Lauriya P.S. Case No. 89 of 2017, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504, 506 of the Indian Penal Code. Allegedly, the sugarcanes of the informant were cut and were taken away by the petitioner and others on tyre vehicle and when the informant protested then at the instigation of Sant Yadav, Suresh Yadav gave sword blow which hit right side of the head and the petitioner gave iron rod blow on the head of the informant which hit left side.

Submission is of false implication and that there is case

Patna High Court Cr.Misc. No.58287 of 2017(3) dt.25-01-2018 2/2 and counter case, both sides have received injury. The petitioner has got no criminal antecedent. Three injuries have been found on the person of the informant and the injuries have been noticed grievous in nature, but for that the petitioner is not only responsible and , as such, he deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioner has caused grievous injury to the informant.

In the facts and circumstances as stated above, considering the injury report, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Lauriya P.S. Case No. 89 of 2017, pending in the Court of learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Jitendra Mohan Sharma, J.) Rajiv/- U T