Patna High CourtCR. MISC./4226/2024rejected

Subash Yadav v. The State Of Bihar

2024-03-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4226 of 2024 Arising Out of PS. Case No.-167 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Subash Yadav S/O Chandeshwari Yadav R/O Village- Kaitya, P.SSingheshwar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2024 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Singheshwar P.S. Case No. 167 of 2021, F.I.R. dated 15.07.2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 384 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he assaulted the brother-in-law of the informant namely Kulbhushan Bharti on his head.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.4226 of 2024(3) dt.21-03-2024 2/2 petitioner has not committed any offence as alleged in the F.I.R. He further submits that it appears from the F.I.R. that the allegation against the petitioner that he assaulted on the head of the brother-in-law of the informant namely Kulbhushan Bharti.

5. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that the injury report of the Kulbhushan Bharti suggests that he has received six injuries and the injuries are grievous in nature caused by hard and blunt object.

6. Considering the aforesaid facts that the injured person received the grievous injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Singheshwar P.S. Case No. 167 of 2021 pending in the Court of learned Judicial Magistrate 1st Class, Madhepura.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T