Niranjan Yadav @ Vivek Vats v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58318 of 2024 Arising Out of PS. Case No.-196 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Niranjan Yadav @ Vivek Vats Son Of Jogi Yadav @ Yogendra Yadav R/OBilauri, P.S.- Lakhisarai Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 380, 323, 354(B), 307 and 34 of the IPC in connection with Lakhisarai P.S. Case No.196 of 2021.

3. The learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 29.03.2021 the named accused persons including the petitioner entered her house with an intention to commit loot. It is next submitted that brother of the informant objected when

Patna High Court CR. MISC. No.58318 of 2024(2) dt.25-09-2024 2/3 petitioner abused him by taking his caste name and assaulted him by butt of pistol along with Kumud who had iron rod in his hand. It is further alleged that thereafter the accused assaulted the informant and took away the jewellery of her mother and sister while Surgen Yadav had pistol in his hand and Jitan was holding an iron rod.

4. The learned counsel submits that petitioner has been falsely implicated in the instant case. It is next submitted no doubt the injuries suffered by the brother of the informant on head is grievous in nature, but then from perusal of the allegation as alleged in the it would manifest that informant alleged that petitioner along with Kumud assaulted, on which the learned APP, Mr. Chandra Bhushan Prasad opposes the anticipatory bail application and submits that the injuries suffered by the brother of the informant is grievous in nature though the allegation of assault may not be specific. It is also submitted that the anticipatory bail application of the petitioner was rejected on 27.10.2021 by the learned District court, but petitioner at his leisure has moved this Court in the year 2024.

5. Considering the submissions made by the learned APP and the fact that petitioner has approach this Court belatedly, the Court is not inclined to extend the privilege of

Patna High Court CR. MISC. No.58318 of 2024(2) dt.25-09-2024 3/3 anticipatory bail to the petitioner, accordingly the anticipatory bail application is rejected.

(Satyavrat Verma, J) Prakash Narayan U T