← Library
Patna High CourtCR. MISC./39634/2014rejected

Kamal Yadav v. The State Of Bihar

2015-04-16Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39634 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -BISHUNPUR District- DARBHANGA ====================================================== Kamal Yadav Son of Chaudhary Yadav Resident of Village - Bharaul, P.S. - Bishanpur, District- Darbhanga (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 16-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for the offences punishable under Sections-147, 341, 448, 323, 307, 380, 506 and 504 of the Indian Penal Code and the fact that the specific allegation against the petitioner of causing assault on the head of the informant has been found to be substantiated in the injury report of the informant, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The submission of learned counsel for the petitioner that there is counter version of the same occurrence, would in no way improve the situation because occurrence in this case got admitted which in

Patna High Court Cr.Misc. No.39634 of 2014 (2) dt.16-04-2015 turn reflects upon the conduct of the petitioner of assailing the informant with the use of iron rod. That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.

Nothing said in this order, however, will come in the way of the petitioner in surrendering before the Court below and praying for regular bail.

(Mihir Kumar Jha, J) Ranjan/- U