Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56212 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== 1.

LAXMI YADAV S/O LATE JAHURI YADAV Resident of VillageNandapatti, P.S.- Baheri, District- Darbhanga 2.

SANTOSH YADAV S/O LATE NUNU YADAV Resident of VillageNandapatti, P.S.- Baheri, District- Darbhanga (Wrongly mentioned in the F.I.R as Birendra Yadav son of late Nunnu Yadav) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.

The petitioners apprehend their arrest in connection with Baheri P.S. case no.184 of 2022, registered for the offence punishable under Sections 143, 341, 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons have indiscriminately assaulted the informant's side by means of several weapons due to which they sustained several injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.56212 of 2022(2) dt.20-12-2022 2/2 occurrence, in the manner as alleged, has ever taken place. There is an admitted land dispute between the parties and the parties are agnates. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter-case between the parties. He further submits that no independent witnesses have supported the prosecution case. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that on perusal of the impugned order, it is evident that the injury of the injured has been stated by the doctor to be grievous in nature.

Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

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