IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6333 of 2009 LAKHAN YADAV @ LAKHAN PRASAD YADAV, son of Tulsi Yadav, resident of village Alhani, P.S. + District Banka Versus STATE OF BIHAR ----------- 03/ 23.7.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Indian Penal Code and is named in the First Information Report along with four others, including Choubey Yadav, who has been admitted to the privilege of bail in the event of arrest by the court below, but such prayer of the petitioner has been refused, as there is specific allegation against him of pressing the neck of the informant along with Suren Yadav and Debu Yadav with the help of lathi and sabal. Counsel submits that the injury as indicated in the injury report, Annexure-2 does not support the prosecution story since there is no injury on the neck, as the informant only complains about the neck pain. Let the petitioner surrender in the court of Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 332 of 2006 within four weeks from today and apply for regular bail, which should be considered in the light of injury report, Annexure-2 as therefrom besides the neck pain, some other injury is also noticed by the doctor, which is attributed to hard blunt substances and if the said injury in the opinion of the court below corroborates the prosecution - 2 - story then appropriate orders in accordance with law be passed, as the counsel for the petitioner submits that the injury referred to by the doctor with reference to hard blunt substance has been described as simple and the prosecution story shall not go beyond Sections 323/324 of the Indian Penal Code. Let the court below consider the aforesaid prayer in the light of the injure report as early as possible, preferably on the same day. Arjun/ (V.N. Sinha, J.)