Patna High CourtCR. MISC./27172/2021bail rejected

Surendra Yadav @ Surendra Prashad Yadav v. The State Of Bihar

2022-01-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27172 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== 1.

SURENDRA YADAV @ SURENDRA PRASHAD YADAV S/o Late Raghu Yadav R/o village- Joughta, P.S.- Bahera, District- Darbhanga 2.

Madan Yadav S/o Late Sita Ram Yadav R/o village- Joughta, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-01-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 162 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 379, 504, 506 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that co-accused, Binod Yadav, has already lodged Bahera P.S. No. 159 of 2020 against the son of the informant and this case is counter blast of that case. He has also submitted that the FIR has been lodged after three days.

Patna High Court CR. MISC. No.27172 of 2021(2) dt.28-01-2022 2/2 The allegation against the petitioners is that they assaulted the son of the informant by means of Danda and iron rod causing him head injury. The accused persons also assaulted the son of the informant and the injured was admitted to hospital for treatment. It has been mentioned in the order of learned Sessions Judge, Darbhanga that the injuries sustained by the informant and his son are on parietal region, which are grievous in nature.

There is specific allegation against the petitioners that they assaulted the informant and his son and the injuries have been found grievous in nature, as such, they are not entitled the privilege of anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioners is hereby rejected.

(Nawneet Kumar Pandey , J) sanjeev/- U T