Bijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33725 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- DHURAIYA District- Banka ====================================================== BIJAY YADAV Son of Rajendra Yadav Resident of Village - Baidpur, Police Station - Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the accused persons are said to have come variously armed and of having assaulted the informant and the members of his family. The petitioner is said to have assaulted the bhabhi of the informant with a khanti on her head as a result of which she fell down unconscious. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of family dispute between the parties. Even as per the F.I.R., there is no allegation of repetition of blow. The petitioner is in custody since 8.4.2022 and has no criminal antecedent.

Patna High Court CR. MISC. No.33725 of 2022(3) dt.13-01-2023 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner together with the injury report of the injured Baby Devi which is to the effect that she sustained fracture of her left temporoparietal bone (skull) which was grievous in nature, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Saurabh/- U T