Patna High CourtCR. MISC./3254/2015disposed

Amlesh Yadav v. The State Of Bihar

2015-01-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3254 of 2015 (2) dt.23-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3254 of 2015 Arising Out of PS.Case No. -491 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Amlesh Yadav, son of Denesh Yadaw .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Suman Kri.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, the case was registered under bailable sections but subsequently, after three days of the alleged occurrence Section 307 of the Indian Penal Code was also added. It would appear from perusal of the first information report that the allegation of assault has been levelled against the petitioner and one Bindi Yadav but submission on behalf of the petitioner is that injured sustained simple injury and no case under Section 307 of the Indian Penal Code is made out. It would appear from perusal of the impugned order dated 22.12.2014 passed by learned Sessions Judge that the learned Sessions Judge observed in his order that if the petitioner surrenders before the court below and if the injury of injured of

Patna High Court Cr.Misc. No.3254 of 2015 (2) dt.23-01-2015 this case is found simple in nature, the learned trial court shall pass order on regular bail petition of the petitioner in his favour. In my view, petitioner should obey the order of learned Sessions Judge and surrender before the court below. However, it is made clear that the concerned court shall pass order on the regular bail petition of the petitioner in the light of order dated 22.12.2014 passed by learned Sessions Judge in A.B.P. No. 2225 of 2014 on the date of surrender of the petitioner itself, if the petitioner surrenders before the concerned court within four weeks from today.

Accordingly, this petition stands disposed of. (Hemant Kumar Srivastava, J) SHAHZAD/- U T