Bijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20891 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- JAYRAMPUR District- Sheikhpura ====================================================== BIJAY YADAV Son of Lakhan Yadav Resident of Village - Ukhadi, P.S.- Jairampur, District - Sheikhpura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State through video conferencing. The petitioner apprehends his arrest in connection with Jairampur P.S. Case No. 27 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The informant, Ashok Yadav, lodged the FIR stating therein that on 02.09.2020 all the FIR named accused persons variously armed came to his dalan and Bijay Yadav, the present petitioner assaulted the informant on his head with iron rod due to which he sustained grievous injuries.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.20891 of 2021(2) dt.24-01-2022 2/2 there is case and counter case and both the sides have sustained injuries. The counter case has been lodged on behalf of the coaccused Mithilesh Yadav as Jairampur P.S. Case No. 28 of 2020. He has also submitted that by the same order other co-accused persons have been granted anticipatory bail whereas the petition for anticipatory bail of the present petitioner has been rejected. The learned 1st, Additional District and Sessions Judge, Sheikhpura vide his well reasoned order dated 22.01.2021 has distinguished the present case from the other accused persons' mentioning therein that the present petitioner Bijay Yadav assaulted the informant with rod on the head causing injury and blood was oozing. The doctor has found the injuries sustained by the informant, Ashok Yadav, is grievous in nature.

Considering the above-mentioned facts and circumstances, the anticipatory bail petition is rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T