Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35945 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -AAYAR District- BHOJPUR ======================================================

1. Suresh Yadav son of Late Ram Surat Yadav, Resident of VillageIchari, Police Station- Ayar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Ayar P.S. Case No.14 of 2017, registered for the offences punishable under Sections 341/323/325/379/ 307/ 504 / 506/34 of the Indian Penal Code.

The petitioner allegedly caused injury with spade at the head of Sambhu Shankar Sharma. The doctor has found lacerated wound on the temple occipital region of scalp. Submission of the learned counsel for the petitioner is that there is no allegation of repetition of blow. Hence, offence under Section 307 of the Indian Penal Code is not attracted prima facie.

Patna High Court Cr.Misc. No.35945 of 2017 (2) dt.10-08-2017 P2/ Since the petitioner had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T