Dhiren Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38342 of 2022 Arising Out of PS. Case No.-185 Year-2012 Thana- AAJAM NAGAR District- Katihar ====================================================== Dhiren Yadav S/o Late Kadam Lal Yadav R/o village- Ghordah Bangali Tola, P.S.- Ajam Nagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Sections 302, 307, 504/34 and other allied sections of the Indian Penal Code.

As per FIR, on the alleged date and time of occurrence, this petitioner along with other accused persons armed with deadly weapons assaulted the informant. When brother of the informant came to save him they also attacked him with knife as a consequence whereof, brother of the informant died on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that allegation of assault is general and omnibus and no specific overt act has been alleged against this petitioner. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.38342 of 2022(2) dt.22-11-2022 2/2 Learned counsel for the State opposes the prayer for bail application submitting that petitioner is named in the FIR. Considering the fact that this petitioner is named in the FIR, 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