Nand Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24313 of 2018 Arising Out of PS.Case No. -306 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Nand Kishore Yadav S/o Jhotil Yadav, R/o Vill.- Kudwa Mathiya, Pakarihar, P.S.- Chanpatiya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Chanpatiya P.S.Case no.306 of 2017 registered for offences punishable under Sections 341, 323, 324, 308, 504, 379 and 34 of the Indian Penal Code.
Allegation against the petitioner as per FIR is that when the employees of the Utkarsh Bank went for realization of the loan the villagers deposited the money but the petitioner has not deposited money and when he was asked, he assaulted by "Dab" on the head of the informant causing grievous injury.
Submission of the learned counsel for the petitioner is that the injuries is not of sharp cutting injury and as such it dos not support the prosecution case.
Patna High Court Cr.Misc. No.24313 of 2018 (2) dt.03-05-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that injury is grievous and that is on head of the informant.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T