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Patna High CourtCR. MISC./57164/2024dismissed

Satya Narayan Yadav v. The State Of Bihar

2024-08-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57164 of 2024 Arising Out of PS. Case No.-586 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Satya Narayan Yadav Son of Maleshwar Yadav R/V- VILLAGEGAYGHATTI, P.S.- BAHADURPUR (PATOR O.P.), DISTT.- DARBHANGA ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha For the State Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 586 of 2023, registered for the offences punishable under Sections 341, 342, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, while the informant having taken feast reached near his house, the accused persons having variously armed, surrounded him and in consequence thereof, on the order of Maleshwar Yadav, the petitioner is said to have given knife blow upon the head of the informant, due to which he sustained bleeding injury.

4. Learned counsel for the petitioner has submitted that the entire allegations are false and fabricated. There is land dispute between the parties. He has also submitted that the injuries suffered by the informant is simple in nature.

5. On the other hand, the learned APP for the State has

Patna High Court CR. MISC. No.57164 of 2024(2) dt.02-08-2024 2/2 opposed the prayer for bail and submitted that the witnesses in paragraph nos. 4, 6, 8, 9 and 10 of the case diary have supported the prosecution story. He has further submitted that in the occurrence, the informant was assaulted and received injuries and when his relatives came to rescue, they were also assaulted, as a result of which, they too received injuries. He has also submitted that the doctor has found lacerated wound of six 3x 1 cm, 2 x 2 cm over right parietal region over the person of injured Phulo Yadav. The doctor has also found lacerated wound over right parietal region of size 3 x 0.5 cm, lacerated wound over right temporal-parietal and over vertex of size 3 x 0.5 cm and 4 x 0.5 cm respective and swelling over left knee of size 3 x 3 cm over the person of injured Babloo Yadav, which corroborate the allegation levelled against the petitioner. The petitioner has got criminal antecedent.

6. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation and also the fact that there is specific allegation against the petitioner of attempting to kill the informant (injured) by inflicting knife blows, I do not think it to be a fit case for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/- U T