Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47414 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- BARHAT District- Jamui ====================================================== Sanjay Yadav, Son of Late Bhuna Yadav, Resident of Village- Darha Pahritar P.S.- Barhat Dist- Jamui ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard Mr. Y.C. Verma, learned senior counsel assisted by Ms. Priyanka Singh, learned counsel for the petitioner and Dr. Indiwar Kumari, learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Barhat P.S. Case No. 50 of 2023 registered for the offences punishable under Sections 302, 147, 148, 149 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned senior counsel for the petitioner submits that the allegations against the petitioner are general and omnibus and the prosecution story does not inspire confidence.

4. Learned senior counsel submits that from the postmortem report also it does not appear as to what kind of injuries have been caused to the deceased.

5. On the other hand, learned APP for the State submits that there is a specific allegation in the FIR against this petitioner

Patna High Court CR. MISC. No.47414 of 2023(2) dt.11-08-2023 2/2 that he had assaulted the mother of the informant by a brick on her abdomen. It is further pointed out that in the inquest report, it has been recorded that the deceased was having internal injuries all over her body caused by brick and lathi. The post-mortem report has also shown rigor mortis present in all four limbs. It is, thus, submitted that the petitioner does not deserve privilege of anticipatory bail.

6. Mr. Y.C. Verma, learned senior counsel for the petitioner, at this stage, having sensed difficulty in getting the anticipatory bail, learned senior counsel seeks permission to withdraw this application with liberty to the petitioner to surrender and pray for regular bail.

7. Permission is granted.

8. If the prayer for regular bail is made in the learned court below within a period of four weeks from today, the same shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T