Saroj Kumar Yadav @ Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33079 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Saroj Kumar Yadav @ Saroj Yadav Son of Laxman Yadav Resident of Village - Usari uttar Tola, P.S.- G.B.Nagar, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Sections 324, 307, 506 and other allied sections of the Indian Penal Code.

As per prosecution case, allegation against this petitioner is of commission of assault with Farsa on the head of son of the informant. Doctor has found the injury to be grievous in nature.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner along with his entire family has been made accused because of land dispute between the parties. It is submitted that though there is allegation of assault by this petitioner and co-accused Nagendra Yadav but only one injury has been found on his head. It is further submitted that on

Patna High Court CR. MISC. No.33079 of 2022(4) dt.17-11-2022 2/2 account of land dispute between the parties, a free fight took place in which both sides sustained injuries. There is case and counter case. Case lodged by the petitioner is earlier in point of time and only with a view to save skin from the case instituted by the petitioner against the husband of the informant this false and concocted case has been lodged. In the aforesaid occurrence, this petitioner sustained simple injury and three other persons from petitioner's side also sustained injuries. Petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for bail application submitting that there is specific allegation against this petitioner that he assaulted son of the informant with farsa on the head and doctor has found the injury to be grievous is nature.

Considering the grievous nature of injury, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) navya/- U T