Nakul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22799 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- CHAKAI District- Jamui ====================================================== Nakul Yadav Son Of Late Tulsi Yadav Resident Of Village - Ghuthiyari, P.S. - Chakai, And District - Jamui.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. Renu Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chakai P.S. Case No. 165 of 2020 lodged under Sections 147, 148, 149, 341, 323, 307, 504, 506 and 379 of the Indian Penal Code.

As per the prosecution case, the specific allegation against the petitioner is to make Farsa blow on the head of the informant by which he was badly injured.

Learned counsel for the petitioner submits that the petitioner and the informant are close neighbours and residing in the same place and a pending land dispute is going on between them. He further submits that due to land dispute, the petitioner

Patna High Court CR. MISC. No.22799 of 2022(4) dt.17-08-2022 2/2 went to the informant's house for friendly talk where such scuffling took place. Learned counsel for the petitioner further submits that petitioner is in custody since 03.03.2022, charge has already been framed in this case. On the point of criminal antecedent, learned counsel submits that there is one case pending against him in which other Gotia of the present informant is the informant in this case except that there is no case pending against him.

Learned counsel for the State opposes the prayer for bail and submits that there is a direct allegation on the present petitioner to attack by Farsa on the informant. From the case diary and the injury report, it is very much clear that such injury is grievous in nature.

In the present facts and circumstances of this case, I am not inclined to grant bail to the petitioner at present. He may renew his prayer after framing of charge.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J) sanjeev/- U T