← Library
Patna High CourtCR. MISC./47074/2019bail rejected

Naresh Yadav v. The State Of Bihar

2019-07-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47074 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== Naresh Yadav, aged about 45 years (M), Son of Rambhajan Yadav Resident of Village - Murkatta, P.O.- Rasalpur, P.S.- Chandauti, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 123 of 2019 registered for offences under sections 341, 323, 307, 325, 379, 504, 34 of the Indian Penal Code.

As per prosecution story, the Informant parties, with Baratis, had gone at Lalganj, after solemnizing the marriage of his son, he was returning from there with the baratis, in the way, the accused persons including the petitioner surrounded them and assaulted mercilessly.

The main person in the entire episode has been shown to be the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47074 of 2019(2) dt.30-07-2019 2/2 there was no occasion for the petitioner to assault them as at that time he was busy with respect to the marriage of his daughter and, submits that no incident has taken place at his instance. Learned counsel for the petitioner submits that the Baratis were totally in an intoxicated condition. Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T