Patna High CourtCR. MISC./62827/2021bail rejected

Prakash Yadav v. The State Of Bihar

2022-08-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62827 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- HILSA District- Nalanda ====================================================== PRAKASH YADAV Son of Sunil Yadav Resident of Village - Chakiya, P.S.- Islampur, At present - Patel Nagar, Hilsa, P.S.- Hilsa, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Chandra Pandey, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307, 325 and 379/34 of the Indian Penal Code. It is a case of assault by means of cricket bat upon the head of the informant It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner has clean antecedent. Learned APP appearing for the State opposed the anticipatory bail and submitted that the injury report annexed with this petition shows that the injured (informant) sustained fracture of his left frontal temporal bone and the medical

Patna High Court CR. MISC. No.62827 of 2021(4) dt.02-08-2022 2/2 evidence also supports the prosecution case.

After considering the facts and circumstances of the case that the informant sustained injury of left frontal temporal bone fracture which is grievous in nature and there is direct and specific allegation of assault against this petitioner upon the informant by means of cricket bat, hence, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner is directed to surrender before the court below and pray for regular bail and the court below may consider his prayer for bail without being prejudiced by this order.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T