Ganesh Yadav @ Ganesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4293 of 2025 Arising Out of PS. Case No.-332 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Ganesh Yadav @ Ganesh Prasad S/O Late Mathura Yadav Resident Of Village - Maliyatri, P.S- Rajauli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 332/2024 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 351(2), 303(2), 74, 3(5) of B.N.S., 2023.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant and his wife brutally by means of deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has
Patna High Court CR. MISC. No.4293 of 2025(2) dt.07-02-2025 2/3 falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Both the parties are next door neighbours and a dispute regarding sewerage is pending between them. There is case and counter case between the parties. Both sides have sustained injuries in the alleged occurrence. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail submitting that there is direct allegation against the petitioner to assault the informant's wife on her head by means of iron rod due to which she sustained grievous injury over her left eyebrow.
6. Considering the facts and circumstances of the case as well as the nature of the injury sustained by the informant's wife, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. Accordingly, the application stands dismissed.
8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks
Patna High Court CR. MISC. No.4293 of 2025(2) dt.07-02-2025 3/3 regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) divyanshi/- U T