Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8299 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- TELHARA District- Nalanda ====================================================== CHANDAN YADAV Son of Late Ramashish Yadav Resident of Village - Telhara, Police Station - Telhara, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2020 The petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Mr. Ashok Kumar, the learned APP for the State. This is an application for grant of anticipatory bail in connection with Telhara P.S. Case No. 128 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution in brief is that the informant and one Anshu Kumar was going to hold a panchayati in a dispute with the petitioner and other accused persons on 9.10.2019 at about 11:00 PM. and when they had reached

Patna High Court CR. MISC. No.8299 of 2020(3) dt.19-06-2020 2/2 village Mananpur Telhara, all of a sudden, the petitioner herein along with other accused persons had started assaulting the informant and his companion. It is further alleged that the petitioner, Chandan Yadav, had assaulted the informant by means of rod and accused Rahul Yadav had assaulted the companion of the informant on his head by means of khanti, whereafter other accused persons had also assaulted them. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and though he is accused in four other cases, but he is on bail in the said four cases.

I have heard the learned counsel for the parties and perused the materials on record as also in the case dairy. It is apparent from the injury report, available in the case diary that the informant has received injuries on his person, which is attributable to the assault made by the petitioner herein and moreover, the petitioner is having a bad criminal antecedent, hence, I do not find the present case to be a fit case, at least consideration of the prayer of the petitioner for grant of anticipatory bail, thus, the present petition stands dismissed. (Mohit Kumar Shah, J) Ajay/- U T