Arun Yadav @ Arun Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42708 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== Arun Yadav @ Arun Kumar Ray S/o Ram Lakhan Ray R/o Village-Shivdaha 63 ,P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Gaighat Police Station Case No. 171 of 2023, dated 04.05.2023, disclosing offences under Sections 147/148/149/341/323/307/302/337/338/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the marriage procession of the daughter of the informant's brother-in-law arrived and was proceeding along with her family members towards the temple. It has further been stated that at the same time another marriage procession of the daughter of one Raj Nandan Yadav also

Patna High Court CR. MISC. No.42708 of 2024(2) dt.02-08-2024 2/3 arrived there, in which the petitioner, along with other accused persons, were dancing on road. When the husband of the informant requested the petitioner to clear the road, an altercation took place between them and the accused persons, including the petitioner, assaulted the husband of the informant brutally, leading to his death.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the allegation against the petitioner and other is general and omnibus in nature. The anticipatory bail application of the petitioner was rejected by this Court earlier in Cr. Misc. 58354 of 2024, dated 27.02.2024 and thereafter, the petitioner surrender on 05.04.2024.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that there is specific allegation against the petitioner that he assaulted the husband of the informant on his head, due to which he died, I am not inclined to grant regular bail to the petitioner.

6. This application is, accordingly, rejected.

7. However, the petitioner may renew his prayer for bail after one year, if the trail does not record any

Patna High Court CR. MISC. No.42708 of 2024(2) dt.02-08-2024 3/3 substantial progress.

(Anil Kumar Sinha, J) ashwani/- U T