Rajendra Yadav @ Rajendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23758 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== RAVI YADAV Son of Rajendra Yadav @ Rajendra Prasad Resident of Village- Devariya, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Anupam, Adv For the Opposite Party/s :
Mr.Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Supplementary affidavit has been filed on behalf of the petitioner disclosing his criminal antecedent. Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Jehanabad (Nagar) P.S.Case No. 393 of 2020 registered for the offence under Sections 147,341,323,307,325,504,506 of the Indian Penal Code.
The prosecution case, in short, is that on 07.07.2020 at around 8.00 P.M.in the night, the informant was going to his house from District Guest House, Jehanabad and as soon as he
Patna High Court CR. MISC. No.23758 of 2021(5) dt.12-01-2022 2/3 reached near Devi Asthan at about 8.15 P.M. then this accused alongwith other co-accused persons surrounded him and started blaming that he is the man of administration and he gave information and he used to destroy the Bhatti of liquor by the police. He is further alleged that accused Munna Yadav and Ravi Yadav caught hold the hand of informant by two sides and dragging towards nursery then informant made hue and cry. Then some persons from village side started coming. He also alleged that by seeing people accused Vinod Yadav ordered to kill and then Rajendra Yadav stabbed in the abdomen with intention to kill due to which informant became injured and unconscious. After that when informant got conscious then he found himself in the Sadar Hospital, Jehanabad from where he has been referred to P.M.C.H.
Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR itself that there is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner. Petitioner is in custody since 29.09.2020.
Learned A.P.P. for the State, on the basis of case diary, has vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.23758 of 2021(5) dt.12-01-2022 3/3 states that in para-3 of the bail petition the petitioner has clearly stated that he has got no criminal antecedent but it appears from the case diary that the petitioner carries 13 cases pending against the petitioner.
Learned counsel for the petitioner submits that he has filed supplementary affidavit on 21.09.2021 but it appears in the said supplementary affidavit that only six criminal antecedent of the petitioner has been mentioned in the affidavit. It appears that the petitioner has misled this Court. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Jehanabad (Nagar) P.S.Case No. 393 of 2020 pending in the court of learned Chief Judicial Magistrate, Jehanabad. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T