Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32315 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Raj Kumar Yadav S/o- Late Chetan Yadav Village-Rajanabandh, Sewa, P.S. Gidhaur, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 474 of 2023 instituted under Sections 341, 323, 324, 379, 354B, 307, 504/34 of the Indian Penal Code lodged on 27.10.2023 by the informant, namely Kaushalya Devi.

3. As per the prosecution story, the informant alleged that when her brother-in-law was cleaning the ancestral land the accused persons came and this petitioner armed with sword tried

Patna High Court CR. MISC. No.32315 of 2024(3) dt.20-07-2024 2/3 to hit on the head. As Ravinder Yadav tried to save himself, he sustained injuries on his left hand. When the informant's husband tried to save his brother, Shubham came with iron rod tried to hit his head which ultimately hit the waist of her husband. This followed assault by Santosh Kumar with axe on the informant who also sustained injury, Ravinder Yadav was taken to the hospital. There also allegation of snatching of the ornaments and outraging the modesty, Accordingly the FIR.

4. Learned counsel for the petitioner submits that the case of the petitioner stops at the first stages itself where the allegation is of assaulting on his head. However, he concedes that the injury has been found is grievous in nature but submits that it is recorded as grievous type of injury.

5. On the other hand, learned APP opposes the prayer of bail submitting that the main allegation is against him and only Ravinder Yadav who have to shift to hospital. The second submission is that the petitioner has clean antecedent.

6. Learned counsel for the informant submits that a bare perusal of the allegation would shows that injury sustained by the Ravinder Yadav has been found grievous in nature.

7. Taking into account the allegation that has come against the petitioner as also injury sustained by Ravinder Yadav

Patna High Court CR. MISC. No.32315 of 2024(3) dt.20-07-2024 3/3 and coupled with the fact the petitioner has criminal antecedent, this Court is not inclined to extend anticipatory bail.

8. Accordingly, the anticipatory bail application stands rejected.

(Rajiv Roy, J) Arish/- U T