Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76966 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- ARER District- Madhubani ====================================================== Nagendra Yadav son of Late Radha Yadav @ Late Raghu Yadav, Resident of Village- Danga (West Tole), P.S.- Arer, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Gagan deo Yadav For the State : Mr.Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2019 Learned counsel for the petitioner seeks permission to make necessary correction in the prayer portion. Permission is allowed. Learned counsel for the petitioner will make necessary correction during course of day. Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Arer P.S. Case No. 56/2018, instituted for offences under Section(s) 341, 323, 324, 307, 354, 504, 506 and 34 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence informant and his relatives had gone to participate in the mundan ceremony of his Bhanja where this petitioner along with other accused persons arrived with different weapons and assaulted the brother of informant. The informant went to save

Patna High Court CR. MISC. No.76966 of 2018(3) dt.07-03-2019 2/2 his brother then accused persons assaulted him with Farsa causing injury on his head and thigh. Allegation against this petitioner is that he assaulted the brother of informant with Farsa on his hand. The brother of informant wanted to save himself then petitioner gave second Farsa blow on his head causing serious injury.

Case diary has been received, wherein injury report of injured is available, which shows that brother of informant has sustained two injuries as mentioned in the written report. Injuries are found to be grievous in nature.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Counter case has been filed by one another accused vide Arer P.S. Case No. 70/2018. None has sustained injury in that case. Considering the nature of injury caused by the petitioner and the fact that petitioner has given repeated blow to the brother of informant, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the same is rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) rakhi/- U T