Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36884 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Mahesh Yadav son of Late Ram Sevak Yadav Village- Gaharpur Ps- Kurtha Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 67 of 2024 arising out of Kurtha P.S. Case No. 385/2023 lodged on 20.10.2023 under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four named accused persons including the present petitioner. The allegation against the petitioner and one other coaccused Pradish Kumar is that they have assaulted the informant's elder brother by spade which caused him serious injury and ultimately done to death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.36884 of 2024(2) dt.30-05-2024 2/2 submits that there is general and omnibus allegation against the known accused persons that they have attacked on the informant side. Counsel also submits that from bare perusal of the case, it transpired that the dispute which arose between the petitioner and informant side is basically a land dispute and for cutting all the grass, the entire dispute took place. Counsel further submits that the criminal antecedent of the petitioner is clean. The petitioner is in custody since 12.12.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation of assault against the petitioner and one co-accused Pradish Kumar due to which the informant's brother died.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No. 67 of 2024 arising out of Kurtha P.S. Case No. 385/2023, pending before the learned District & Sessions Judge, Jehanabad is hereby rejected.

(Dr. Anshuman, J) tusharika/- U T