Shambhu Yadav @ Shambhu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76922 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- KATORIYA District- Banka ====================================================== Shambhu Yadav @ Shambhu Kumar Yadav Son of Suresh Manjhi @ Sildhar Manjhi Resident of Village- Gora, Police Station- Chandan (Anandpur O.P.), District- Banka.
... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner apprehends arrest in Katoria PS Case No. 197 of 2018. registered under Sections 447, 341, 323, 324, 307, 504, 379 and 506/34 IPC.
The FIR discloses the allegation that the petitioner has assaulted the informant by hockey stick.
It is submitted by petitioner's counsel that the medical evidence does not Corroborate the allegations made in the FIR. It is a case of false implication only due to hot exchange which took place between the petitioner and the informant. The petitioner is not author of the injury which have been found allegedly during course of investigation.
Learned APP has opposed the prayer submitting that the injuries have been found on the person of the informant. Considering the rival submissions this Court is not inclined to grant privilege of anticipatory bail to the petitioner. This application is dismissed.
Patna High Court CR. MISC. No.76922 of 2019(3) dt.06-03-2020 2/2 The petitioner, however, would raise these issues at the time of consideration of his prayer for regular bail which needless to say are to be considered as per their own merit without being prejudiced by anything as stated in this order. (Madhuresh Prasad, J) SNkumar/- U T