Chandan Kumar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50578 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Chandan Kumar Yadav @ Chandan Yadav Son Of Kuru Yadav @ Karu Yadav Resident Of Village - Taradih, Police Station - Gidhaur, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Pratap Singh, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard Mr. Rudra Pratap Singh, learned counsel for the petitioner and Mr. Arvindn Kumar Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 334 of 2023 registered under Sections 148, 147, 149, 341, 323, 307, 427, 325, 504 and 506 of the Indian Penal Code lodged on 19.07.2023 by the informant, Parwin Kumar Yadav.

3. As per the prosecution story, the informant alleged that while he was digging foundation for construction of his house at Gidhaur Jhajha, Main Road, the accused persons armed variously came and allegation against Suresh Yadav is of using hammer to assault his father on head causing serious injury. Further, accused, Pucho Yadav also gave 'iron rod' blow on his

Patna High Court CR. MISC. No.50578 of 2024(2) dt.09-08-2024 2/2 head. As his father fell down on the ground, Chandan Yadav. after sat on his chest causing bleeding from his nose and mouth. He was taken to Primary Health Centre from were referred to Sadar Hospital, Jamui and later to Patna which followed the FIR.

4. Learned counsel for the petitioner submits that there is allegation against Suresh Yadav and Pucho Yadav also and the only allegation against him is of having sat over the chest which led to bleeding from nose and mouth

5. Learned APP Mr. Bharat Bhushan, opposes the prayer and submits that the kind of allegation that has come against the petitioner and the injury he gave actually proved fatal. He further submits that paragraph no.3 shows that he has eight criminal antecedent of almost same nature.

6. Considering the allegation that has come against the petitioner, his criminal antecedent and the submissions made by the learned APP, no case of anticipatory bail is made out. It is accordingly, rejected.

(Rajiv Roy, J) vinayak/- U T