Rajaram Yadav @ Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58395 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== RAJARAM YADAV @ RAJDEO YADAV Son of Late Ram Avtar Yadav Resident of village- Asadhi, Tola- Laxmipur, P.S- Mufasil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Manisha Prakash, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Nawada Muffasil P.S. Case No. 08 of 2022 for the offence registered under Sections 147, 148, 149, 341, 323, 504, 307 and 302 of the Indian Penal Code.

The case of the prosecution, in brief, according to the informant, is that on 12.01.2022 at about 4:00 o'clock, some noise started coming from the Dalan of Visho Yadav, whereafter, the husband of the informant, namely, Bijendra Kumar went towards Samudayic Bhawan and as soon as

Patna High Court CR. MISC. No.58395 of 2022(2) dt.06-01-2023 2/3 he reached there, the accused persons including the petitioner herein started assaulting him resulting in him sustaining grievous injuries, whereafter, he died subsequently. As far as the petitioner is concerned, he has been alleged to have given a Garasa blow on the husband of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 10.06.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in three other cases but he is on bail in the said three cases. It is also submitted that though the petitioner has been alleged to have inflicted Garasa blow on the person of the husband of the informant, however, it has not been specified on which part, the said blow has been inflicted, hence a false and fabricated case has been instituted. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.58395 of 2022(2) dt.06-01-2023 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that the petitioner has been alleged to have given Garasa blow on the person of the husband of the informant apart from him being assaulted by other accused persons resulting in him sustaining grievous injuries leading to his death, hence I am not inclined to grant bail to the petitioner herein, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T