Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30607 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

RAMESH KUMAR YADAV son of Hare Ram Yadav Village- Jathi PsKhutauna Dist- Madhubani 2.

Ram Prakash Yadav son of Tej Narayan Yadav Village- Mansapur PsLaukahi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Jhanjharpur P.S. Case no.145 of 2022 registered under sections 307, 341, 342, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the son of the informant was taken away by Mithilesh Yadav. It is further stated that Mithilesh Yadav and others brutally assaulted him with iron rod etc.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The

Patna High Court CR. MISC. No.30607 of 2023(3) dt.11-09-2023 2/2 allegations are general and omnibus in nature. The false implication is because of dispute between the son of the informant and co-accused Mithilesh Yadav.

5. The application for anticipatory bail is opposed by learned A.P.P. appearing for the State who submits that the name of the petitioners transpired in the statement of the injured son of the informant wherein he categorically states that he was brutally assaulted by the accused persons who included the two petitioners herein, although the injuries have been found to be simple in nature.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the material that has transpired in course of investigation, statement of the injured son of the informant wherein he specifically named the two petitioners herein of having assaulted him along with others together with the antecedents of the two petitioners, the Court is not inclined to enlarge the petitioners on anticipatory bail and the application is rejected. (Partha Sarthy, J) Shiv/- U T