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Patna High CourtCR. MISC./22662/2016disposed

Arvind Kumar Yadav @ Arvind Chaudhary v. The State Of Bihar

2016-05-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22662 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Arvind Kumar Yadav @ Arvind Chaudhary Son of Harendra Yadav Resident of Village- Chhapiya Bujurg, PS Hussainganj District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Jyotsna Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 307, 379 of the Indian Penal Code.

The prosecution case is that on 28.07.2015 at 8:30 P.M when the informant was sitting at his door, ten coaccused persons including the petitioner came armed with lathi, iron rod and bricks and started abusing the informant. When the informant made protest then this petitioner assaulted with iron rod on his head and thereafter others have also assaulted the informant.

It is submitted by learned counsel for the petitioner that though one of the injuries of the informant has been found to be grievous but there is no accusation of repeating the blow. The accusation is not being corroborated by this fact that all the ten accused persons assaulted the

Patna High Court Cr.Misc. No.22662 of 2016 (2) dt.20-05-2016 2/2 informant but the informant received only three injuries. There is counter version of the occurrence and petitioner's side also received injuries.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Hussainganj P.S. Case No. 189 of 2015, pending in the Court of learned Chief Judicial Magistrate, Siwan.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T