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Patna High CourtCR. MISC./56368/2018rejected

Virendra Yadav v. The State Of Bihar

2018-10-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56368 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Virendra Yadav S/o Ram Kewar Yadav, R/o Vill. - Satawana, P.S. - Chainpur, District - Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379 and 504/34 of the Indian Penal Code. Allegation against the petitioner is that he caused injury with Gandasa at the head of the informant. Whereas the medical report reveals that the Doctor found simple injury at the head of the informant caused by hard blunt substance. Submission is that prosecution allegation is inconsistent with the medical report.

Since the petitioner had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail in connection with Chainpur Police Station Case No. 122 of 2018

Patna High Court Cr.Misc. No.56368 of 2018 (3) dt.26-10-2018 2/2 pending in the court of learned 2nd Additional Chief Judicial Magistrate, Kaimur at Bhabua.

Hence, prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Kundan/Rajan U T