Dilkhush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51633 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

DILKHUSH YADAV Son of Koko Yadav Resident of Village-Tekarampur, P.S.-Mufassil, District-Munger 2.

GAJADHAR YADAV @ GAJEN YADAV Father's Name not given Resident of Village-Tekarampur, P.S.-Mufassil, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

Petitioners apprehend their arrest in connection with Mufassil P.S. Case No.296/2022, registered for the offence punishable u/s 341/323/325/307/379/504/506/34 of the IPC. 3.

As per the prosecution case, the F.I.R. named accused persons including the petitioners are said to have attacked the informant and snatched Rs.42000/- from him by beating with lathi, danda and butt of rifle.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.51633 of 2023(2) dt.30-08-2023 2/2 motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. No money has been recovered from the conscious physical possession of the petitioners or from their house. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that petitioners are named in the F.I.R. and the injury nos.1 to 5 have been found grievous in nature. 6.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

This application is accordingly dismissed.

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