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Patna High CourtCR. MISC./28362/2018dismissed

Sri Ram Yadav @ Ram Kumar Yadav v. The State Of Bihar

2018-05-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28362 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sri Ram Yadav @ Ram Kumar Yadav S/o Ramagya Rai, R/o Jamunia Tola, P.S.- Dumariaghat, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 The petitioner is apprehending his arrest in connection with Dumariyaghat P.S. Case No. 20/2018, registered for offences punishable under Sections 447, 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault on the head of informant by iron rod.

It has been submitted on behalf of the petitioner that there is case and counter case between the parties and the injury report has not been mentioned in the impugned order and he has falsely been made accused in this case.

Learned counsel for the State opposed the prayer for bail on the ground that the informant has received injury in his frontal region right side and stitched wound on his skull by the assault of

Patna High Court Cr.Misc. No.28362 of 2018 (2) dt.17-05-2018 2/2 petitioner and the injury is grievous in nature. Having heard both sides, considering the facts and circumstances of the case, nature of accusation as well as the nature of injury sustained by the informant, I am not inclined to grant the privilege of anticipatory bail. This application is, accordingly, dismissed.

However, the petitioner, if so desire may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, without being prejudiced by the order of this court.

(Vinod Kumar Sinha, J) sunil/- U T