Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78765 of 2019 Arising Out of PS. Case No.-697 Year-2019 Thana- MASAUDHI District- Patna ====================================================== Gopal Yadav Son of Nakhida Yadav, Resident of Village - Salempur, P.S.- Karauna, District - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Masaurhi P.S. Case No. 697 of 2019 registered for the offences punishable under Sections 341, 323, 325, 379, 504, 506 and 354 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that all the sections are bailable in nature except Section 379 of the Indian Penal Code and in the facts of the case Section 379 IPC would not be attracted as also further submits that there is no injury at all to the informant and she was not even examined by any doctor and no injury report is available on the record. Learned APP for the State has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.78765 of 2019(2) dt.

03-12-2019 2/2 wherein it is the submission of learned counsel for the petitioner that all the sections are bailable in nature except Section 379 of the Indian Penal Code and in the facts of the case Section 379 IPC would not be attracted as also his further submission is that there is no injury at all to the informant and she was not even examined by any doctor and no injury report is available on the record, Instead of granting anticipatory bail to the petitioner since the case diary is not available before this Court, this Court directs the court below that in case the petitioner surrenders and prays for regular bail within a period of four weeks from today, the court below shall examine the records and in case it is found that there is no injury report and the informant was not even sent for any medical examination and Investigation Officer has not submitted any such injury report so far, the prayer for regular bail of the petitioner shall be considered on the same day and will be disposed off considering the aforesaid submissions.

The application stands disposed off accordingly.