Bali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66062 of 2018 Arising Out of PS. Case No.-301 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Bali Yadav Son of Biranchi Yadav Resident of Village- Kashmir,P.S. Khaira, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Khaira P.S. case No.301 of 2018 registered under Sections 341, 323, 325, 307, 337, 338, 504 of the Indian Penal Code, pending in the court of C.J.M., Jamui.

Allegation is that the petitioner assaulted on the head of the informant by means of lathi, due to which he sustained grievous injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The injury caused by the petitioner to the victim,

Patna High Court Cr.Misc. No.66062 of 2018(3) dt.14-12-2018 2/2 namely, Triveni Yadav on the head is not grievous. The injury caused by the co-accused, namely, Delu Yadav upon the said victim is said to be grievous. Due to village politics, the petitioner has been made accused.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. As per the allegation in the F.I.R., the petitioner is said to have assautled on the head of the informant. The same is corroborated from the injury report. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T