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Patna High CourtCR. MISC./50449/2016rejected

Manish Kumar Yadav @ Manish Tethwar v. The State Of Bihar

2016-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50449 of 2016 Arising Out of Jainagar PS.Case No. -69 of 2014 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Manish Kumar Yadav @ Manish Tethwar S/o Sri Pragash Tethwar @ Ram Prakash Tethwar @ Tam Prakash Yadav resident of VillageKhairamath Tolr Bagahi, P.S.- Jaynagar, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail, for the offence under Sections 323, 341, 324, 307, 504/34 of the Indian Penal Code, in Jainagar P.S. Case No. 69 of 2014.

It has been submitted on behalf of the petitioner that the allegation against the petitioner is that he caught hold of the injured and apart from that there is no allegation of assault against the petitioner. As such, petitioner deserves anticipatory bail. Heard learned APP appearing for the State who opposed the prayer for anticipatory bail.

Having heard both sides and in view of the fact that there is specific allegation against the petitioner, I am not inclined to

Patna High Court Cr.Misc. No.50449 of 2016 (2) dt.14-12-2016 allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected. However, the petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Vinod Kumar Sinha, J) A.I./- U T