Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4820 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== 1.

KARI YADAV S/o Late Raghuber Yadav @ Raghuvar Yadav R/o villagePirnagra, P.S.- Beldaur, District- Khagaria 2.

Gorak Yadav @ Gorakh Yadav S/o Late Raghuber Yadav @ Raghuvar Yadav R/o village- Pirnagra, P.S.- Beldaur, District- Khagaria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Beldaur P.S. Case No. 155 of 2021, registered for the offences punishable under Sections 348, 379, 504, 506, 325 of the Indian Penal Code.

As per allegation, the petitioners along with 7-8 unknown persons entered into the ice mill of the informant and they badly assaulted the informant and his wife. They also attempted to outrage the modesty of wife of the informant and his sister-in-law. The informant is only person of Sahu caste residing in the village and the ac-

Patna High Court CR. MISC. No.4820 of 2022(2) dt.23-08-2022 2/2 cused persons attempted to oust him from the village. Learned counsel for the petitioners has submitted that no motive had been assigned in the FIR, as to why the accused persons have committed this offence.

There is allegation in the FIR itself that the informant is only person of his caste residing in the village and the accused persons are attempting to oust him from the village in order to grab his properties. They entered into his ice mill and they badly assaulted the informant and his wife. Due to infliction of the pistol butt some teeth of the informant were broken. The witnesses in paragraph Nos. 6, 7, 19 and 20 have fully supported the occurrence. There is no motive for false implication of the accused persons. Considering the above-mentioned facts and circumstances, the petitioners do not deserve the privilege of anticipatory bail. Accordingly, it is rejected.

The petitioners are directed to surrender before the court below and make a prayer for regular bail.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T