Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31892 of 2021 Arising Out of PS. Case No.-630 Year-2020 Thana- BANKA District- Banka ====================================================== 1.

Dinesh Yadav Son Of Sri Babulal Yadav 2.

Yogendra Yadav Son Of Sri Mohar Yadav both Resident of VillageKushaha, Police Station- Banka, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 302 of the Indian Penal Code.

As per FIR, petitioners and other having lathi, danda iron rod, pistol and bomb, were ploughing the field of the informant. On objection, all the accused persons including the petitioners assaulted the informant parties with intention to kill them.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.31892 of 2021(2) dt.21-01-2022 2/2 petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is land dispute between the parties due to which several civil and other proceeding is pending between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is specific overt act against the petitioners and injuries found upon the informant's side are grievous in nature.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Banka P.S. Case No. 630 of 2020. devendra/- (Anjani Kumar Sharan, J) U T