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Patna High CourtCR. MISC./18165/2018rejected

Ram Kumar Yadav v. The State Of Bihar

2018-03-30Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18165 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Ram Kumar Yadav Son of Late Ram Kishun Yadav resident of Village - Bhelwa, P.S. - Ghoghardiha, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 15.10.2017, seeks bail in connection with Ghoghardiha P.S.Case No. 76 of 2017 registered under Sections 147, 148, 149, 307, 323, 324, 341, 504 and 506 of the Indian penal Code.

Allegation in brief is that petitioner and one Bale Yadav assaulted on the head of the informant's brother with Farsa and other accused assaulted to other persons.

Submission is that two persons are said to have assaulted Ram Sundar Yadav and other co-accused Badri Yadav who is said to have assaulted over the head of the informant, has been admitted to bail by this Court vide order dated 06.02.2018 passed in Cr. Misc. No. 7136 of 2018; moreover there is land dispute between both sides and there is case and counter case.

Patna High Court Cr.Misc. No.18165 of 2018 (3) dt.30-03-2018 2/2 Whereas learned counsel for the State submits that case of the petitioner stands on different footing to Badari Yadav who was attributed to have assaulted the informant and injury was found simple in nature whereas in the present case, there is specific allegation against the petitioner and BaleYadav and corresponding injuries have been found over the head and other parts of the both and injuries are found grievous in nature.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected. However, petitioner may renew prayer of bail after six months.

(Arun Kumar, J) Sujit/- U T