Patna High CourtCR. MISC./8013/2018rejected

Chhatish Yadav v. The State Of Bihar

2018-02-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8013 of 2018 Arising Out of PS. Case No.-46 Year-2016 Thana- GHOSBARI District- Patna ====================================================== Chhatish Yadav, Son of Veero Yadav, Resident of Village Gosai Gaon, P.S. Ghoswari, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party :

Mr. Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Ghoswari P.S. Case No. 46 of 2016, registered for the offences punishable under Sections 341, 342, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner gave 2-3 times Katta blow on the head of the informant causing bleeding and cut injury, resulting, he became unconscious and fell down. Submission is of false implication and that there is land dispute between the parties, no such occurrence has taken place. The petitioner has been made victim of the circumstances, he has got no criminal antecedent and there is no chance of

Patna High Court Cr.Misc. No.8013 of 2018(2) dt.20-02-2018 2/2 tampering with prosecution evidence and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. seriously opposes the prayer of pre-arrest bail by submitting that injury no.1 of the informant is grievous caused by sharp cut weapons.

In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Ghoswari P.S. Case No. 46 of 2016, pending in the Court of learned A.C.J.M.-cum-Sub-Judge-IV, Barh, District- Patna. (Jitendra Mohan Sharma, J.) Rajiv/- U T