Ramu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31039 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== 1.

RAMU YADAV Son of Late Dani Yadav Resident of Village - Bahuwarba, P.S.- Phulparas, Distt.- Madhubani.

2.

Prabhu Yadav Son of Ramu Yadav Resident of Village - Bahuwarba, P.S.- Phulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32736 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== 1.

JAI RAM YADAV Son of Dani Yadav Resident of Village - Bahuwarba, P.s.- Phulparas, Distt.- Madhubani.

2.

PURUSHOTAM YADAV Son of Devan Yadav Resident of Village - Bahuwarba, P.s.- Phulparas, Distt.- Madhubani. 3.

BABLU YADAV @BABLU KUMAR Son of Yashodhary Yadav Resident of Village - Bahuwarba, P.s.- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31039 of 2022) For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Sanjay Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 32736 of 2022) For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CR. MISC. No.31039 of 2022(6) dt.24-03-2023 2/3 Petitioners apprehend arrest in connection with Phulparas P.S. Case No. 185 of 2021 registered for the offence under sections 147, 148, 149, 447, 323, 324, 325, 307, 302 and 427 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case due to dirty village politics. There is case and counter case between the parties. The parties are neighbours. The allegations levelled are general and omnibus in nature. Petitioners have no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail on the submission that there is specific allegation of assault against these petitioners. Petitioners, Ramu Yadav assaulted by means of Farsa, Prabhu Yadav by means of Tangi, Jai Ram Yadav by fire arm and Bablu Yadav opened fire in air. It is further submitted that during investigation witnesses have supported the prosecution case . The Post mortem report and the Injury report also corroborates the allegations. It is therefore submitted that petitioners do not deserve to be granted the privilege of anticipatory bail.

Considering the nature of allegations levelled and

Patna High Court CR. MISC. No.31039 of 2022(6) dt.24-03-2023 3/3 the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. Their prayer for bail is, accordingly, rejected. (Arvind Srivastava, J) mcv/- U T