Subhak Yadav @ Subhak Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14769 of 2022 Arising Out of PS. Case No.-27 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== SUBHAK YADAV @ SUBHAK LAL YADAV, S/o- Late Jailal Yadav, Resident of Village-Siswa Barhi, P.S- Phulparas, District- Madhubani. .. ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2022 Learned counsel for the petitioner shall remove the defect(s) within four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Phulparas P.S. Case No. 27 of 2019 dated 29.01.2019 registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the application for anticipatory bail being Cr. Misc. No. 79850 of 2019 stood dismissed due non-compliance of peremptory order dated 13.01.2020.

Learned counsel submits that as per the prosecution story the petitioner is alleged to have given Farsa blow on the

Patna High Court CR. MISC. No.14769 of 2022(2) dt.28-09-2022 2/2 head of the informant mother. It is alleged that other named accused persons have also assaulted the family members of the informant.

Learned counsel submits that the F.I.R has been lodged against five named and 10-12 unknown persons. It is submitted that the injury report of informant's mother does not corroborate the prosecution case.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the specific allegation that this petitioner assaulted by Farsa on the head of the mother of the informant who has received injury on her scalp which is also evident from Annexure '3', this court is not inclined to grant privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail, thus, refused.

This application stands dismissed.

Certified copy of the order will be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) annu/avinU Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.