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Patna High CourtCR. MISC./59271/2021dismissed

Laxmi Yadav v. The State Of Bihar

2022-05-10Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59271 of 2021 Arising Out of PS. Case No.-94 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== Laxmi Yadav, Son of Late Jagdhar Yadav @ Late Jaldhar Yadav Resident of Village- Masdi, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner is in judicial custody in connection with Sultanganj P.S. Case No. 94 of 2021 registered under Sections 341, 323 and 307/34 of the Indian Penal Code. The informant has alleged in the First Information Report that the accused persons including the petitioner herein demanded milk from informant's father and on his refusal, he was threatened of dire consequences. Subsequently, it is alleged that when he was going back to home, the accused persons including the petitioner herein came riding their horses and after pushing his father crushed him with the leg of the horse causing head injury and ultimately the injuries were treated in Patna after being referred from the local hospital. On 13.04.2022, this Court had called for the case

Patna High Court CR. MISC. No.59271 of 2021(5) dt.10-05-2022 2/2 diary, which has now been received.

Learned APP has taken this Court to para-22 of the case dairy where the victim Kantlal Yadav has supported the entire prosecution case and has further stated that both Laxmi Yadav and Sonu Yadav tried to crush him under the foot of their horses as a result of which he suffered grievous injury and from Bhagalpur Hospital he was shifted to Patna where he was operated upon.

Learned APP submits that all those prescriptions support the prosecution story as well as the statement of the victim Kantlal Yadav.

Considering the aforesaid facts, this Court is not inclined to grant any relief at present and the bail application of the petitioner Laxmi Yadav is hereby rejected. The Trial court is directed to expedite the Trial and conclude the same at an earliest.

(Rajiv Roy, J) Prakash Narayan /- U T