Patna High CourtCR. MISC./43497/2016rejected

Jeetendra Prasad Yadav @ Jeetendra Ray v. The State Of Bihar

2017-01-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43497 of 2016 Arising Out of PS.Case No. -78 Year- 2013 Thana -GARKHA District- SARAN ====================================================== Jeetendra Prasad Yadav @ Jeetendra Ray Son of Late Ramnath Ray resident of village - Pathara, Police Station Garkha, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Garkha P.S. Case No. 78 of 2013 registered under Sections-109, 307 & other minor sections of the Indian Penal Code. The victim claims that this petitioner had also assaulted the injured on the head by means of iron rod. Paragraph35 of the case diary goes to show that the statement of injured, Vidya Rai was recorded and the injured, too, supported the version of informant but even then, the police submitted final form in favour of the petitioner though the learned court below differed with the findings of the police and took cognizance against the petitioner.

Patna High Court Cr.Misc. No.43497 of 2016 (3) dt.10-01-2017 2/2 Therefore, considering the above-said facts and circumstances of the case as well as submission of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Garkha P.S. Case No. 78 of 2013 stands rejected. However, this order shall not cause any prejudice to the competent court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T