Phooldeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33644 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- CHAKAI District- Jamui ====================================================== PHOOLDEO YADAV Son of Jagdish Yadav Resident of Village - Katiyama, P.S.- Chakai, Distt - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.

The petitioner apprehends his arrest in Chakai P.S. case No. 172 of 2018 registered under Section 307 and other Sections of the IPC.

The informant alleged that while he was working in his field the petitioner, Phooldeo Yadav, and other accused persons, having armed with different weapons, came and assaulted the informant and others.

The learned counsel for the petitioner submits that there is omnibus and general allegation against the petitioner and other accused persons. The occurrence took place on 23.11.2018 but the FIR was lodged on 25.11.2018. From perusal of the FIR itself it appears that informant made his statement in referral hospital, Chakai on 23.11.2018. The

Patna High Court CR. MISC. No.33644 of 2019(2) dt.22-05-2019 2/2 statement was sent to concerned P.S. on which the FIR was lodged on 25.11.2018 and there appears no delay in institution of the case. There is specific allegation against the petitioner that it was he who assaulted Laxman Singh with Lathi on his neck and Laxman Singh got injuries dangerous to his life and fell down on the ground.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

BKS/- (Prabhat Kumar Jha, J) U T