Indra Deo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65768 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- SAKRI District- Madhubani ====================================================== Indra Deo Yadav son of Late Ramjee Yadav Resident of VillageDarapura,P.S. Sakari, Distt.-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha For the Opposite Party/s :
Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Sakari P.S. Case No. 30 of 2018 for the offence under Sections 341, 323, 324, 379, 354, 427/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that although there is allegation against the petitioner that he has assaulted the informant with Farsa but there is no case under section 307 I.P.C. He submits that the petitioner deserves anticipatory bail although his name figures in the F.I.R. as assailant and there is specific averments of assault by Farsa. The learned counsel for the State opposes the prayer for bail stating that there is specific allegation of allasult by the Farsa
Patna High Court Cr.Misc. No.65768 of 2018(2) dt.13-12-2018 2/2 against the petitioner.
Considering the aforesaid the Court is not inclined to grant, anticipatory bail prayer of petitioner, accordingly bail prayer of petitioner is hereby dismissed. However, dismissal of the anticipatory bail application will not cause prejudice to the petitioner and in the event, the petitioner surrender before the Court below and prays for regular bail, the Court below is hereby directed to dispose of the application for regular bail of the petitioner on the same day in accordance with law without being prejudice by this order.
(Anil Kumar Upadhyay, J) T.Kr./Rashid U T