Awadh Yadav @ Awahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38143 of 2022 Arising Out of PS. Case No.-77 Year-2019 Thana- SARE District- Nalanda ====================================================== Awadh Yadav @ Awahesh Prasad Son Of Late Ragho Yadav Resident Of Village - Badepur, P.S.- Sare, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rita Verma Mr. Sudish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 504, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have fired from his pistol on the right thigh of informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.38143 of 2022(2) dt.15-11-2022 2/2 case due to land dispute. He submits that there is allegation of assault to the informant by means of pistol allegedly opened by petitioner but the informant has sustained injury caused by hard and blunt substance which falsify the credibility of prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the informant has sustained two injuries(1) Lacerated wound on Anterior side of right thigh, size 1"x1/10" (2) Abrasion on Anterior side of right thigh.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sare P.S. Case No. 77 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T