Subali Kumar @ Subalia Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7517 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Subali Kumar @ Subalia Yadav, Son Of Jaleshwar Yadav Resident Of Village- Ukhdi, P.S. Jairampur, District- Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 325, 307, 379 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he was assaulted by the accused persons including the petitioner and the petitioner assaulted him by an iron rod causing injury on his head.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that during the course of investigation, the witnesses have stated that all the accused persons have assaulted

Patna High Court CR. MISC. No.7517 of 2022(4) dt.06-12-2022 2/2 the informant, but informant has falsely implicated the petitioner by specifically alleging against the petitioner. The learned Additional Public Prosecutor opposes the anticipatory bail application and submits that there is direct and specific allegation against this petitioner of assaulting the informant on his vital part of the body i.e. head by an iron rod causing grievous injury as it has come in the injury report. Considering the submissions made by the learned Additional Public Prosecutor that the injury is grievous and is on vital part of the body which was dangerous to life, as such, the Court is not inclined to extend the privilege of anticipatory bail.

Accordingly, his prayer for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T