Shiya Sharan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64990 of 2021 Arising Out of PS. Case No.-168 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== 1.

SHIYA SHARAN YADAV Son of Late Ram Chandra Yadav Resident of Village - Panari, P.s.- Belaganj, Distt. - Gaya. 2.

Amarjit Kumar Son of Siya Sharan Yadav Resident of Village - Panari, P.s.- Belaganj, Distt. - Gaya.

3.

Pankaj Kumar Son of Siya Sharan Yadav Resident of Village - Panari, P.s.- Belaganj, Distt. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the State :

Mrs. Dr. Indiwar Kumari For the Informant : Mr. Ramakant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Heard learned counsel for the parties.

Petitioners seek pre arrest bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 302 of the Indian Penal Code.

According to prosecution case, these petitioners along with other FIR named accused armed with Lathi, Danda, bricks and stones started beating the informant and his family members. In the occurrence father of the informant sustained head injury and later on he died during the course of treatment. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.64990 of 2021(3) dt.17-10-2022 2/2 the case. The allegation of assault is general and omnibus and no specific role has been assigned to these petitioners. Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submits that petitioners are named in the FIR and there is direct and specific allegation against them that they along with other FIR named accused armed with Lathi, Danda, bricks and stones started beating the informant and his family members. In the occurrence father of the informant sustained head injury and later on he died during the course of treatment. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T