Lalesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7467 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Lalesh Yadav, S/o Chandar Yadav, R/o village- Bhatu Chak, P.S.- Mohanpur (Barachatti), District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Varun Kumar Trivedi, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Barachatti (Mohanpur) P.S. Case No. 402 of 2019 registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Both the parties are own Gotias and petitioner is own nephew of the informant, there is some land dispute between the parties and only to put pressure upon the petitioner the present case has been lodged.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.7467 of 2020(2) dt.02-03-2020 2/2 anticipatory bail.

Considering that there is specific allegation against this petitioner of causing assault on the head of the victim Ramjit Yadav and in the impugned order the learned Sessions Judge XI, Gaya has recorded that one lacerated wound on scalp (mid-brain) has been found on the head of the victim Ramjit Yadav which may prove fatal and the doctor has reserved his opinion, I am not inclined to grant the petitioner privilege of anticipatory bail.

Prayer for anticipatory bail of the petitioner is, thus, refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by this order.

(Rajeev Ranjan Prasad, J) vats/- U T