← Library
Patna High CourtCR. MISC./20953/2021rejected

Birbal Yadav v. The State Of Bihar

2022-03-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20953 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== BIRBAL YADAV S/o Tribeni Yadav R/o village- Anar Tole Pethia Gachhi, P.S.- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-03-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Ashok Paper Mill P.S. Case No. 201 of 2020 registered for the offence punishable under sections 341, 323, 324, 379, 448, 354, 504, 506/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and has been falsely implicated in this case due to enmity and land dispute. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named

Patna High Court CR. MISC. No.20953 of 2021(5) dt.03-03-2022 2/2 accused in the first information report and there is direct allegation of assault against him which is supported by the injury. Petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T