Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6894 of 2021 Arising Out of PS. Case No.-361 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== UPENDRA YADAV SON OF GANGO YADAV RESIDENT OF VILLAGESIRI, POLICE STATION- WAZIRGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-02-2022 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Wazirganj P.S. Case No. 361 of 2020 instituted for the offences under Sections 147, 148, 149, 323, 307, 302, 504, 506 and 324 of the Indian Penal Code.

By order dated 15.12.2021, this Court had called for the case diary of this case, which has since been received.

The petitioners and others are said to have assaulted the members of the prosecution party which

Patna High Court CR. MISC. No.6894 of 2021(3) dt.07-02-2022 2/3 ultimately led to the death of one Badri Yadav, who is the father of informant. Four other persons are said to have been injured.

The learned counsel for the petitioners has drawn the attention of this Court to the accusation made in the F.I.R., in which there is no specific accusation against anyone of the accused persons much less the petitioner. It has further been submitted that there is an admitted long standing dispute between the parties and, therefore, the possibility of falsely implicating the petitioner also cannot be ruled out. Some of the witnesses who were examined by the police have stated that the petitioner was not present in the village at the time of the occurrence.

These reasons do not weigh with this Court for grant of anticipatory bail to the petitioner especially in view of the accusation levelled in the F.I.R. of the petitioner and several others having assaulted the deceased and other injured person of this case.

The occurrence is said to have been witnessed by the son of the deceased.

Patna High Court CR. MISC. No.6894 of 2021(3) dt.07-02-2022 3/3 The prayer for anticipatory bail of the petitioner, is thus, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, all the above noted grounds shall be taken into account and an order shall be passed by the court below without being prejudiced by the fact that the present petition for grant of anticipatory bail has not been entertained (Ashutosh Kumar, J) sunilkumar/- U T