Mithun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 470 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== MITHUN YADAV SON OF BINODI YADAV RESIDENT OF VILLAGE - SANGRAMPUR, P.S. - SANGRAMPUR, DISTRICT - MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Kamal Kishore Jha, Advocate For the Opposite Party/s :

Mr Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sangrampur Police Station (for brevity PS) Case No 73 of 2020 dated 16.04.2020 instituted for the offence punishable under Sections 147, 148, 149, 448, 427, 323, 324, 307, 379, 504, 506 of Indian Penal Code. Petitioner is alleged to have inflicted the Tengari blow on head of the victim (Shankar Jha). Others have also allegedly assaulted by various means.

It is submitted by petitioner's counsel that the petitioner bears a clean past and based on land dispute, he has been falsely implicated in this case and is in custody since 18.08.2020. There is case and counter case.

Patna High Court CR. MISC. No.470 of 2021(2) dt.08-03-2021 2/2 Learned APP draws the attention of the Court towards the rejection order wherein, on going through injury report, the Sessions Judge, Munger has observed in the order that the alleged injury is on the occipital region which is the vital part of the body.

In view of the specific assault on the occipital region, this Court, for the present, is not inclined to grant bail to the petitioner. Prayer is rejected.

(Madhuresh Prasad, J) M.E.H./- U T