Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47240 of 2021 Arising Out of PS. Case No.-547 Year-2019 Thana- BARH District- Patna ====================================================== Karu Yadav S/O Ramnath Yadav R/O Village-Masudbigha, P.S-Barh, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in connection with S.T.No.263 of 2020 arising out of Barh P.S.Case No.547 of 2019 registered for the offence under Sections 341,323,307,506,34 of IPC and later on Section 302 of the IPC was added.

The prosecution case, in brief, as contained in the written report of informant, namely, Satyendra Yadav is that, on 10.11.2019 at 6.00 P.M., he was feeding his cow. In the meantime, Karoo Yadav, Ravi Kumar, Samila Devi, Sima Kumari and Rajniti Yadav, they all have come there armed with Lathi, Danda and pistol in their hands and they have assaulted him. He was also abused by them because he did not give them

Patna High Court CR. MISC. No.47240 of 2021(4) dt.22-03-2022 2/3 2 Kg of milk to Karoo Yadav then Karoo Yadav told them that Sale Ko Jaan Se Mar Do, on which they all have assaulted to him with intention to kill him. Karoo Yadav blown rod on his head, for which, he went unconscious. Thereafter, his son and wife brought to him at S.D.H., Barh for treatment from there, he was referred to P.M.C.H., Patna for better treatment. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that the date of occurrence was mentioned in the FIR as 10.11.2019 but the present FIR has been instituted on 11.11.2019.

He further submits that the petitioner has falsely been implicated in this case due to land dispute with co-accused, namely, Ravi Kumar, who is the maternal brother-in-law of the informant and informant is own uncle of Ravi Kumar. On the other hand, learned counsel for the informant as well as learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation of assault against the petitioner and the postmortem report also corroborates the same. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.T.No.

Patna High Court CR. MISC. No.47240 of 2021(4) dt.22-03-2022 3/3 2020 arising out of Barh P.S.Case No.547 of 2019 pending in the court of learned A.D.J.-III, Barh, Patna. Prayer is refused. Learned Trial Court is directed to expedite the trial. (Rajesh Kumar Verma, J) Nitesh/- U T