Ayush Raj @ Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64082 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- HISUWA District- Nawada ====================================================== AYUSH RAJ @ AKHILESH YADAV SON OF ASHOK YADAV VILLAGEKAHARIYA BELDARI, PS- HISUA, DIST- NAWADAH ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sunita Kumari Mr. Bipin Kumar For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279, 337, 338 and 307 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a student and has been falsely implicated in the instant case. It is next submitted that the informant alleges that petitioner had taken his mobile for making a call, but thereafter did not return the same and when the informant asked him to return his mobile, the petitioner said that he has lost it, but after some time the petitioner informed that mobile is with Dhiraj, accordingly, the informant accompanied the petitioner to the place of Dhiraj where Dhiraj and the petitioner abused him and the petitioner dashed him by the tractor of Dhiraj causing injury.

Patna High Court CR. MISC. No.64082 of 2023(7) dt.02-05-2024 2/2 It is further submitted that why the petitioner would have dashed the informant by tractor of Dhiraj for a mobile. It is further submitted that the date of occurrence is 16.04.2023 and the FIR has been instituted on 13.05.2023 i.e. after a delay of about a month without any probable explanation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the date of occurrence is 16.04.2023 and the fardbeyan of the informant was recorded in the hospital on 01.05.2023. It is further submitted that the informant has suffered grievous injury, as such, his fardbeyan could not be recorded instantly, it was only after he recovered that his fardbeyan was recorded in the hospital.

5. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. Accordingly, the present anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T