Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22636 of 2023 Arising Out of PS. Case No.-219 Year-2020 Thana- PARAIYA District- Gaya ====================================================== BIRENDRA YADAV SON OF LATE BADRI YADAV R/O VILLAGEKOSDIHRA, P.S.- PARAIYA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Paraiya P.S. Case no. 219 of 2020 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have assaulted the informant and his mother. It is further stated that the petitioner assaulted with a lathi on the head of the informant causing grievous injury which is in the opinion of the doctor dangerous to life.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case and counter case between the parties. The petitioner is in custody since 18.9.2022 and has no criminal antecedent.

Patna High Court CR. MISC. No.22636 of 2023(2) dt.18-05-2023 2/2

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of giving lathi blow on Upendra Yadav on his head which was found to be dangerous in the opinion of the doctor, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Spd/- U T