Ram Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8852 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== Ram Govind Yadav Son Of Nand Kishore Yadav Resident Of VillageGamhariya, P.S- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Adv.

For the State :

Mr. Sanjay Kr. Sharma, APP For the Informant Mr. Ajay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

Allegation against the petitioner is that he attacked on the head of the informant with Tengari but he came back and save himself. It is also alleged that petitioner attacked again on Shankar Yadav for which caused cut near the right ear and blood began to ooze out.

Patna High Court CR. MISC. No.8852 of 2021(2) dt.13-12-2021 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that injuries found on the victim are simple in nature.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Biraul P.S. Case No. 58 of 2020 pending before the court of the learned Additional Chief Judicial Magistrate, Biraul, Darbhanga. If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T