Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54677 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- BARUN District- Aurangabad ====================================================== Yogendra Singh, Son of Satyendra Singh, Resident of Village- Dighi, P.S.- Barun, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Adv For the Opposite Party/s :

Mr.Sri Ajay Kumar Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2018 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 323,307,366/34 of the Indian Penal Code.

According to FIR, when the informant was carrying building construction material on his tractor, the petitioner and other intercepted him. The petitioner allegedly assaulted with hard and blunt substance on his head and the driver of the tractor was abducted. After investigation, the police found the allegation false. However, the learned Magistrate differs with the police report and took cognizance under Sections 323 and 366 of the Indian Penal Code. The police

Patna High Court Cr.Misc. No.54677 of 2018(5) dt.20-12-2018 2/2 report reveals that the injured was never examined by Doctor nor there is any injury report. However, the driver of the tractor has supported the occurrence of his abduction by the petitioner and others.

Considering the nature of material, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Barun P.S.Case No.83 of 2017 pending in the court of learned Chief Judicial Magistrate, Aurangabad. Hence, prayer is refused.

Petitioner may surrender and pray for regular bail.

(Birendra Kumar, J) Nitesh/- U T