Patna High CourtCR. MISC./60011/2024dismissed

Umesh @ Umesh Kumar Yadav @ Umesh Yadav v. The State Of Bihar

2024-08-23Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60011 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Umesh @ Umesh Kumar Yadav @ Umesh Yadav, Male, aged about 21 years, son of Ram Nath Yadav, resident of village-Sonwari, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Rajnagar PS Case No.152 of 2023 dated 16.06.2023, instituted under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that while the informant's son along with his five friends were going to attend a Baaraat on motorcycle, they were intercepted by the petitioner along with Somnath Yadav and 5-6 unknown persons and thereafter they assaulted the son of the informant. On protest, the petitioner, with a view to kill the informant's son, attacked on him by means of dagger on his belly. When his son fell

Patna High Court CR. MISC. No.60011 of 2024(2) dt.23-08-2024 2/3 down, then co-accused, Somnath Yadav, again stabbed on his belly by the same dagger two or three times. The informant took away his son to PHC, Rajnagar, from where he was referred to Sadar Hospital and seeing his serious condition, he was admitted to Cribs Hospital, Madhubani.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is also submitted that the FIR has been lodged with delay of two days without any plausible explanation for the same. The petitioner has no concern either with the alleged occurrence or with Somnath Yadav. The petitioner is living in Delhi with his father to earn his livelihood. Lastly, it is submitted that the petitioner is in custody since 24.05.2024 having clean antecedents.

5. Learned APP has opposed the prayer for bail. It is submitted that the victim/injured has been examined and he has specifically stated that the petitioner as well as Somnath Yadav stabbed in his abdomen by means of dagger.

6. There is specific allegation against the petitioner of inflicting knife blow in the abdomen of the informant's son.

7. In such view of the matter, I am not inclined to enlarge the petitioner on bail at this stage.

Patna High Court CR. MISC. No.60011 of 2024(2) dt.23-08-2024 3/3

8. Accordingly, prayer of the petitioner for grant of bail is rejected for the present.

9. The application stands dismissed.

(Khatim Reza, J) J. Alam/- U T