Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47776 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Sundar Yadav Son of Mahavir Yadav Resident of Village - Tinanma, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

For the Informant :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 382 of 2018 for the offence registered under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

Case diary of the case has been called for and received.

Learned counsel for the petitioner submits that though there is specific allegation against the petitioner the investigation has revealed that there is no specific evidence implicating the petitioner in the instant case. He further submits that in the supervisory note of the diary, the authority has not found anything against the present petitioner.

Patna High Court CR. MISC. No.47776 of 2019(3) dt.16-11-2019 2/2 Learned counsel for the informant submits that it is very much apparent from the perusal of the case diary that the petitioner has inflicted blow which caused injuries that have been found to be grievous. He further submits that in view of the specific allegation and the injury has been found grievous, he is not entitled to grant anticipatory bail. Learned counsel for the State, after perusal of case diary, submits that the allegation against the petitioner of having caused grievous injury stands substantiated by the case diary. In view of the aforementioned facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected. However, in case the petitioner surrenders within a period of six weeks from today, the Court below shall consider the facts and circumstances on the same day and pass appropriate orders.

(Anjana Mishra, J) uma/- U T