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Patna High CourtCR. MISC./28922/2017rejected

Rahul Yadav v. The State Of Bihar

2017-07-13Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28922 of 2017 Arising Out of PS.Case No. -523 Year- 2013 Thana -KATIHAR District- KATIHAR ====================================================== Rahul Yadav Son of Dinesh Yadav @ Dinesh Kumar, Resident of MohallaBarmasiya, P.S.- Katihar (S), District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Sections 147, 149, 341, 323, 307, 504 and 379 of the Indian Penal Code.

Allegation in brief is that this petitioner along with others assaulted the informant and specific allegation is that he gave iron rod blow upon his head.

It is submitted that there is general and omnibus allegation against the petitioner, the specific allegation is against other accused. Petitioner's father mad protested as informant had encroached upon land of the temple.

However, the impugned order shows that the informant has got injury over his head along with many other

Patna High Court Cr.Misc. No.28922 of 2017 (2) dt.13-07-2017 2/2 injuries and this petitioner has also got criminal antecedent. Having considered the said facts and circumstances, the prayer for anticipatory bail of the petitioner, namely,Rahul Yadav in connection with Katihar Town (Sahayak) P.S. Case No.523 of 2013 pending in the court of Chief Judicial Magistrate, Katihar is rejected. However, if the petitioner may surrender and seek regular bail the same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T