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Patna High CourtCR. MISC./62084/2022rejected

Pappu Yadav v. The State Of Bihar

2023-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62084 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- BIHRA District- Saharsa ====================================================== Pappu Yadav Son Of Late Fulchand Yadav @ Late Fulichand Yadav Resident Of Village - Padampur, Ward No.- 8, P.S.- Bihra, District - Saharsa. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 307, 341/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner was fighting with his wife then informant's uncle, namely, Laxmi Yadav, went for rescue. Thereafter, petitioner and other unknown persons assaulted him on his head, due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.62084 of 2022(3) dt.23-02-2023 2/2 that petitioner has been falsely implicated in this case. According to F.I.R, petitioner and 4-5 unknown persons assaulted the uncle of the petitioner. Petitioner is in judicial custody since 21.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific allegation against the petitioner to assault the informant's uncle by means of Bamboo stick, due to which he succumbed to injuries. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

(Sunil Kumar Panwar, J) nirajkrs/- U T