Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16629 of 2017 Arising Out of PS.Case No. -159 Year- 2015 Thana -MAJHAULIA District- WESTCHAMPARAN (BETTIAH) ====================================================== Birbal Yadav son of Banarsi Yadav, Resident of village Dumari, Police Station Majhauliya, District West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.12.2016 in connection with Majhauliya P.S. Case No. 159 of 2015 for the offences alleged under Sections 147, 148, 149, 323, 302, 324, 307 and 504 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner is alleged to have dealt only single blow with spear upon the informant's brother who subsequently died. The post mortem report also discloses only one injury. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the specific accusation against the petitioner of having assaulted the deceased with spear which appears to be corroborated from the post mortem report, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) B.T/Chandran U T