Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4204 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

KARU YADAV SON OF LATE BISHU YADAV RESIDENT OF VILLAGE- REWARH, POLICE STATION- PAKRI BARAWAN, DISTRICT- NAWADA 2.

SHYAMDEO YADAV SON OF KARU YADAV RESIDENT OF VILLAGE- REWARH, POLICE STATION- PAKRI BARAWAN, DISTRICT- NAWADA 3.

BAL RAM YADAV SON OF MOSAFIR YADAV RESIDENT OF VILLAGE- REWARH, POLICE STATION- PAKRI BARAWAN, DISTRICT- NAWADA 4.

HORIL YADAV SON OF LATE BISHU YADAV RESIDENT OF VILLAGE- REWARH, POLICE STATION- PAKRI BARAWAN, DISTRICT- NAWADA 5.

LATEMBER YADAV SON OF LATE MUSAFIR YADAV RESIDENT OF VILLAGE- REWARH, POLICE STATION- PAKRI BARAWAN, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the

Patna High Court CR. MISC. No.4204 of 2022(3) dt.26-07-2022 2/3 Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

The allegation against the petitioners is that they along with other accused persons have indiscriminately assaulted the informant and others, due to which, they got severely injured. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and countercase between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that one of the injury upon prosecution side is grievous in nature.

Having regard to the facts and circumstances of the case, since one of the injury is grievous in nature, I am not

Patna High Court CR. MISC. No.4204 of 2022(3) dt.26-07-2022 3/3 inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T