Gurudev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56370 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== GURUDEV YADAV S/O LATE SHIWAN YADAV R/O VILLAGE- PIPRA, WARD NO.-03, P.S- BANMANKHI, DISTT.- PURNEA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sandesh Roy, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 147, 148, 149, 323 and 302 of the Indian Penal Code.

3. As per F.I.R., all the named accused persons including this petitioner, due to previous land dispute, brutally assaulted the mother-in-law of the informant leading to her death.

4. It is submitted that allegation against the petitioner is general and omnibus and no specific overt act is alleged against him. Admittedly, there is land dispute between the parties. It is next submitted that the deceased was a 70 year old lady and was suffering from heart disease and she died a natural death.

5. However, learned A.P.P. for the State opposes the

Patna High Court CR. MISC. No.56370 of 2023(2) dt.30-08-2023 2/2 bail application and submits that petitioner is named in the F.I.R. and post-mortem report fully corroborates the prosecution story as the doctor has found as many as seven injuries on the person of the deceased.

6.Considering the nature of accusation and gravity of the offence, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T