Vidyanand Yadav @ Vidya Nand Prasad @ Vidya Gope @ Vidya Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25515 of 2023 Arising Out of PS. Case No.-200 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== Vidyanand Yadav @ Vidya Nand Prasad @ Vidya Gope @ Vidya Prasad Yadav Son of Abad Gope Resident of village - Noorsarai, P.S.- Noorsarai, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranvijay Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Noorsarai P.S. Case No. 200 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 & 504 of the Indian Penal Code.

The allegation against the petitioner is of assaulting the informant's brother by means of iron rod sustaining grievous injury in his head.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. As a matter of fact, the present case is the counter blast of Noorsarai P.S.

Patna High Court CR. MISC. No.25515 of 2023(2) dt.11-07-2023 2/2 Case No.198 of 2019 lodged by wife of this petitioner. It is further submitted that there is admitted land dispute between the parties for which scuffle has been taken place between the parties in which both sides have received injury. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of injury, the petitioner does not deserve anticipatory bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T