Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.82 of 2017 Arising Out of PS.Case No. -583 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Surendra Yadav. Son of Kishun Yadav, Resident of Village- Sarasat, P.S. - Naubautpur, Dist- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 147, 149, 323, 504, 435 and 307 of the Indian Penal Code.

From the Fard-beyan it appears that there is specific allegation against the petitioner of assaulting the informant on head with iron rod causing serious injury and he fell down. It is alleged that other co-accused person including one Jai Ram Yadav with similar allegations, have been granted provisional anticipatory bail by a coordinate Bench of this Court vide order dated 12.4.2016 passed in Cr. Misc. 15097 of 2016. Learned A.P.P. has submitted that four injuries have been found by the doctor, one on the scalp, one on the eye and one

Patna High Court Cr.Misc. No.82 of 2017 (3) dt.30-01-2017 2/2 on the teeth, but the opinion was kept reserved and the patient was referred to P.M.C.H.

It has been submitted that the other accused persons have been granted provisional bail by a coordinate Bench of this Court vide order dated 12.4.2016 passed in Cr. Misc. 15097 of 2016 with a direction to the court below that the provisional bail granted to the petitioner shall be confirmed by the court below on verification of the fact that the informant and one Vijendra Yadav have not received any grievous injury, but from the case diary it appears that final report has not been received from the PMCH. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T