Rajaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44141 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -WARSALIGANJ District- NAWADA ====================================================== Rajaram Yadav, son of Preman Yadav, resident of Village-Balwapar, P.S.- Warsaliganj, District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 24.05.2017 in connection with Warsaliganj P.S. Case No.75 of 2017 corresponding to S.Tr. No.33/018/34/018 registered for the offence under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code, which is pending in the court of the Additional District & Sessions Judge-V, Nawada. Learned counsel for the petitioner submits that though the allegation against the petitioner is that he had attacked the deceased with iron rod, there is no repetition of blows and, therefore, the petitioner may be extended the privilege of bail. Learned counsel for the State points out from the F.I.R. that the petitioner is the main assailant to have assaulted

Patna High Court Cr.Misc. No.44141 of 2018 (3) dt.10-08-2018 2/2 the deceased, which led to his death during the course of treatment. He further submitted that the main allegation being attributed to the petitioner, he is not entitled to the privilege of bail.

Having considered the allegation in the F.I.R. against the petitioner, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected. (Anjana Mishra, J) PNM U T