Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29997 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

SHAMBHU YADAV S/o- MAHENDRA YADAV VILLAGE JAIPURA WARD NO 02 PS SHANKARPUR DISTRICT MADHEPURA 2.

Rambhu Yadav son of Mahendra Yadav VILLAGE JAIPURA WARD NO 02 PS SHANKARPUR DISTRICT MADHEPURA 3.

Sanoj Yadav @ Sanoj Kumar son of Rambhu Yadav VILLAGE JAIPURA WARD NO 02 PS SHANKARPUR DISTRICT MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in connection with Shankarpur P.S. Case No.69 of 2022, registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons brutally assaulted the informant's side by means of several deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.29997 of 2023(3) dt.17-08-2023 2/2 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioner no.1 and 2 have one criminal antecedent and petitioner no.3 has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries are of grievous nature.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T