Mosafir Yadav @ Musafir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19931 of 2024 Arising Out of PS. Case No.-249 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== MOSAFIR YADAV @ MUSAFIR YADAV S/O DWARIKA YADAV R/O VILLAGE- HIRAMAN BIGHA, P.S- NARDIGANJ, DISTT.- NAWADA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Advocate Mr. Shivam Kumar, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Nardiganj P.S. Case No. 249 of 2021 for the offence under Sections 147, 149, 341, 323, 325, 307, 354(b), 379, 504 and 506 of the I.P.C. and under Section 27 of the Arms Act lodged on 05.11.2021 by the informant, Shobha Devi.
3. As per the prosecution story, when she was talking to her mother, the accused persons stormed the house and after asking for Surendar assaulted them causing fracture on the head as also the hand of her mother. Further, the allegation is of outraging the modesty. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that they are agnates and only because of the land dispute, he has been
Patna High Court CR. MISC. No.19931 of 2024(2) dt.02-04-2024 2/2 dragged in. Further, some of the ladies have been granted bail by this Court vide order dated 03.02.2023 in Cr. Misc No. 59329 of 2022 and Pawan Yadav has also been granted bail by learned Court below.
5. Mr. Jitendra Singh, learned APP for the State on the other hand submits that the case is of the year 2021 and three years later the petitioner has come to this Court. He further submits that so far as the anticipatory bail of some of the accused are concerned those are related to the ladies and Pawan Yadav has been granted bail not anticipatory bail.
6. Considering the aforesaid facts as also that there has been delay in approaching the Court coupled with the fact that he has criminal antecedent, this Court is not inclined to extend him the privilege of anticipatory bail.
7. Accordingly, the anticipatory bail application stands rejected.
(Rajiv Roy, J) Adnan/- U T