Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45777 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- JHAJHA District- Jamui ====================================================== SUNIL YADAV S/o MATHURA YADAV R/O VILLAGE-KATAHRA TAND, P.S-JHAJHA, DISTRICT-JAMUI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ugranath Mallik, Advocate For the Opposite Party/s :

Mr.Uma Shankar Pd Singh, Addl Public Prosecutor For the informant Mr. Akash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant was returning to his house the accused persons including the petitioner started abusing him and on the order of co-accused Biswanath Yadav, this petitioner gave axe blow on the head of the informant's son as a result of which he sustained sharp cut injury on his head.

It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.45777 of 2021(2) dt.16-11-2021 2/2 petitioner has falsely been implicated in this case due to previous enmity. He also submitted that there is a case and counter case in which both sides sustained injuries. Petitioner claims clean antecedent and he is in custody since 13.5.2021. Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that there is specific allegation against this petitioner that he gave axe blow on the head of the informant's son as a result of which he sustained sharp cut injury on his head which is supported by the injury report.

Considering the aforesaid facts and circumstances of the case and the nature of accusation against the petitioner, his prayer for bail is rejected.

(Prabhat Kumar Singh, J) shashi/- U T