Patna High CourtCR. MISC./48404/2024dismissed

Chhotan Yadav v. The State Of Bihar

2024-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48404 of 2024 Arising Out of PS. Case No.-1370 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Chhotan Yadav Son of Late Gulo Yadav R/O Vill.- Chakkipar, P.S.- Gangour, Dist.- Khagaria ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 448, 341, 323, 325, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. Later on Section 302 of the I.P.C of was added.

3. As per the prosecution case, the petitioner along with other co-accused persons armed with deadly weapons entered into the house of the informant and started abusing and assaulting him. During the treatment the informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is land dispute between the parties. He further submits that during the

Patna High Court CR. MISC. No.48404 of 2024(3) dt.13-09-2024 2/2 investigation no witnesses have supported the allegation against the petitioner. The petitioner is languishing in custody since 13.04.2024. The petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioner along with other co-accused persons have assaulted the informant due to which he died.

6. Considering the facts and circumstances of the case, the Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Khagaria (Gangour) P.S. Case No. 1370 of 2022.

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