Dukhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17671 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- KEWATI District- Darbhanga ====================================================== Dukhi Yadav S/O Late Ram Narayan Yadav R/o village- Pathra, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar :

Mr. Ajay Kumar Thakur :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey For the Informant :

Mr. Archana Sinha :

Mr. K. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Keoti P.S. Case no. 192 of 2021 instituted for the offence punishable under Section 147, 148, 149, 341, 323, 324, 307, 504, 506, 302, 379 of the Indian Penal Code.

It is a case of commission of murder of the informant's uncle namely, Jagarnath Yadav by twisting his neck by the accused persons including the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is

Patna High Court CR. MISC. No.17671 of 2022(4) dt.18-10-2022 2/2 case and counter case. It is further submitted that Postmortem Report is not in consonance with the fact of the prosecution case. Doctor has found one injury of swelling over right parietal area of head caused by hard and blunt object and apart from the same, no other external injury was found on the body of the deceased and cause of death was opined to be intarcaranial hemorrhage, concussion and shock.

Learned counsel for the informant and APP appearing for the State have opposed the prayer of bail and submitted specific allegation of twisting the neck of Jagannath Yadav is against the petitioner as a result of which he died. He also ordered to other accused persons to kill the deceased. During investigation, several witnesses have supported the prosecution story.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of twisting the neck of the deceased against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U