Patna High CourtCR. MISC./73559/2019bail granted

Ajay Kumar @ Ajay Kumar Yadav v. The State Of Bihar

2019-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73559 of 2019 Arising Out of PS. Case No.-775 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== AJAY KUMAR @ AJAY KUMAR YADAV Son of Bhagwat Rai @ Bhagmat Rai Resident of Village- Alampur, P.S. Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav, Adv For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Phulwari Sharif P.S. Case No. 775 of 2019 instituted for the offence under Section(s) 341,323, 379,308,504 and 506/34 of the Indian Penal Code.

It is submitted by the petitioner's counsel that there is case and counter case between the parties due to earlier disputes. It is further submitted that it is a case of false implication.

Learned APP for the State has opposed the prayer for bail. Referring to the injury report, received in the case diary, counsel for the State has pointed out that in view of the allegations attributed against the petitioner of inflicting a 'Fasuli' blow on

Patna High Court CR. MISC. No.73559 of 2019(3) dt.19-12-2019 2/2 the neck of the victim and of firing upon him, the same are corroborated by the injury report, wherein a clear cut incised wound over the neck has been found. The other injuries have also been found on the person of Sonu Kumar (informant), whom the petitioner is alleged to have assaulted. In view of the aforesaid material collected during the course of investigation, this Court does not find it a fit case for grant of anticipatory bail.

Prayer for pre- arrest bail is, accordingly, rejected. (Madhuresh Prasad, J) shyambihari/- U T