Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15490 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- SISWAN District- Siwan ====================================================== 1.

VIJAY YADAV S/o- Late Rajdev Yadav R/o of Village - Pursottam Mura, P.S. - Siswan, District - Siwan.

2.

BABURAM YADAV S/o- Gaurishankar Yadav R/o of Village - Pursottam Mura, P.S. - Siswan, District - Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Iftekhar Mahmood, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2021 Heard the parties through video conferencing. Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner No.2 Baburam Yadav as he has already been apprehended by the Police.

In view of the above, the application filed on behalf of the petitioner No.2 Baburam Yadav is dismissed as withdrawn.

Heard learned counsel appearing on behalf of petitioner No.1 Vijay Yadav and the learned A.P.P. for the State.

The petitioner No.1 Vijay Yadav apprehends his arrest in connection with Siswan P.S. Case No. 216 of 2020, registered under Sections 341, 323, 324, 307 and 427/34 of the

Patna High Court CR. MISC. No.15490 of 2021(2) dt.28-06-2021 2/2 Indian Penal Code, pending in the court of the learned Judicial Magistrate, Siwan.

The accusation is that on 17.09.2020 at 9.00 P.M., four persons named in the F.I.R., including petitioner No.1 Vijay Yadav along with 3-4 unknown, due to land dispute, accompanied Sandip Kumar Prasad, son of informant Hirawati Devi, and petitioner No.1 Vijay Yadav caused grievous injury through knife to her son. The son of the informant was admitted in Referral Hospital, Sishwan for treatment from where he was referred to Sadar Hospital, Siwan and from where he was referred to P.M.C.H, Patna for better treatment. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner No.1 Vijay Yadav, I am not inclined to grant pre-arrest bail to the petitioner No.1 Vijay Yadav. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner No.1 Vijay Yadav is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T