Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11255 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== MUKESH YADAV Son of Naresh Yadav Resident of Village - Hathaura, P.s.- Husainganj, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar, Adv For the Opposite Party/s :

Mr. Parmanand Kumar, APP For the Informant :

Mr. Ajay Kumar Tiwary, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner, learned counsel for O.P. no.2 and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 341, 323, 324, 354, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons assaulted the informant and his son by

Patna High Court CR. MISC. No.11255 of 2022(2) dt.03-08-2022 2/3 means of deadly weapons. It is further alleged that the petitioner Mukesh Yadav tried to outrage the modesty of the daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case at the instance of his enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a delay of three days in lodging the F.I.R. which creates serious doubt on the prosecution case. There is a case and counter-case between the parties. The petitioner has not been apprehended on the spot and has no concern with the co-accused persons. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Learned APP for the State as well as learned counsel for O.P. No.2 opposed the prayer for anticipatory bail by submitting that there is a specific overt act against the petitioner to assault by means of garasi. The injury report shows that the injury no.2 is grievous in nature which is caused by hard and blunt substance.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.11255 of 2022(2) dt.03-08-2022 3/3 since the injuries are grievous in nature, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T