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Patna High CourtCR. MISC./11463/2024dismissed

Pampam Yadav @ Pampam Kumar v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11463 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- PARAIYA District- Gaya ====================================================== PAMPAM YADAV @ PAMPAM KUMAR S/O- VIJAY YADAV R/OVILLAGE- SOLRA, P.S.- PARAIYA, DIST.- GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Paraiya P.S. Case No. 243 of 2023 registered for the offences punishable under Section 147, 148, 149, 323, 341, 307, 379, 504 & 506 of the Indian Penal Code pending in the Court of learned Judicial Magistrate 1st Class, Gaya.

3. The petitioner along with other co-accused is said to have badly assaulted the informant and his family members by means of lathi and danda due to which they sustained serious injuries. They also snatched golden bali and mangalsutra worth Rs.50,000/- from the informant's wife and also abused them.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.11463 of 2024(2) dt.12-03-2024 2/2 implicated in this case. It is further submitted that the land dispute is going on between the parties. This case is counter blast of Paraiya P.S. Case No.222/2023. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposing the bail petition submitted that there is specific allegation of assault against the petitioner. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order considering the fact that petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) Trivedi/- U T