Patna High CourtCR. MISC./13704/2023dismissed

Santu Yadav @ Sentu Kumar v. The State Of Bihar

2023-09-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13704 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== SANTU YADAV @ SENTU KUMAR SON OF DEVLAL YADAV R/O VILL.- TARO, P.S.- FATEHPUR, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 r/w Section 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 11.06.2021, all the accused persons including the petitioner came to the informant and assaulted her and her family members with lathi. Petitioner is said to have given a blow of axe on the head of Manoj Yadav causing injury to him.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.13704 of 2023(6) dt.18-09-2023 2/2 Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is old enmity between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he assaulted one Manoj Yadav due to which he sustained grievous injury.

6. Considering the facts and circumstances of case as well as nature of the injury of injured Manoj Yadav i.e. grievous, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

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