Bhikhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55386 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Bhikhu Yadav, son of Late Budu Yadav @ Late Badhu Yadav, resident of Village-Ekderwa Mauza, Police Station- Gopalganj Nagar, DistrictGopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Goplganj Town P.S. Case No.112 of 2018 instituted for the offence under Section(s) 147, 148, 149, 342, 302 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Gopalganj.
In the written report, it is alleged that while father of the informant was returning on motorcycle after attending marriage and when he reached 100 yards ahead of house of Jamadar Yadav, this petitioner along with two other accused, as named in the written report, and three unknown persons surrounded the father of the informant and assaulted him with sharp weapon on account of which he sustained bleeding injury
Patna High Court Cr.Misc. No.55386 of 2018 (3) dt.05-10-2018 2/2 and later on succumbed to the injuries.
Case diary has been received.
Learned APP has submitted that witnesses in para 42 and 43 have taken the name of the petitioner in assaulting the father of the informant. Post mortem report is mentioned in para 49 of the case diary, wherein, doctor has found total five injuries on the person of the deceased caused by sharp cutting weapon. In such circumstances, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected at this stage.
(Sanjay Priya, J) JA/- U T