Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69157 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== 1.
Mukesh Yadav Son of Dyanand Yadav Resident of Village- Belsandi, Ward no 11, PS- Larjhaghat, District- Samastipur 2.
Mantun Yadav Son of Dyanand Yadav Resident of Village- Belsandi, Ward no 11, PS- Larjhaghat, District- Samastipur 3.
Rama Yadav Son of Late Dukho Yadav Resident of Village- Belsandi, Ward no 11, PS- Larjhaghat, District- Samastipur 4.
Bhukhal Yadav @ Here Krishna Yadav Son of Late Dukho Yadav Resident of Village- Belsandi, Ward no 11, PS- Larjhaghat, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Yadav For the Opposite Party/s :
Mr. Dilip Kumar No. 1 For the Informant :
Mr. Rajnish Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-10-2024
1. Heard learned Counsel for the petitioners and learned APP for the State.
2. This application, for grant of anticipatory bail. arises out of Larjhaghat PS case no. 18 of 2024, disclosing offences punishable under Sections 341, 342, 323, 324, 307, 354, 379, 504, 506 of the Indian Penal Code.
3. The prosecution story, as per the First Information Report, is that on 12.04.2024 at about 11.00 am, some villagers were plucking drum sticks from the informant's tree and when
Patna High Court CR. MISC. No.69157 of 2024(2) dt.04-10-2024 2/3 he objected, accused Bhukhal Yadav came and started abusing him stating that the said tree belongs to him. When the informant came back to his home, all accused persons came and started assaulting him by iron rod, lathi and danda, due to which, he sustained head injury and blood started oozing out When the parents of the informant came to rescue him, they were also assaulted.
4. Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to village politics, as the petitioners were not present at the alleged time and place of occurrence. Learned counsel further submits that no specific allegation is there against the petitioners.
5. Having regard to the facts and circumstances of the case and taking into consideration the fact that all the accused persons are involved in assaulting the informant and injury caused to the informant is on the vital part of the body i.e. head and the anticipatory bail application of the similarly situated accused persons has been rejected by this Court in Cr. Misc. No. 54159 of 2024 vide order dated 31.08.2024, I am not inclined to grant the privilege of anticipatory bail to petitioners.
6. This application is, accordingly, rejected.
7. However, if the petitioners surrender and file an
Patna High Court CR. MISC. No.69157 of 2024(2) dt.04-10-2024 3/3 application for grant of regular bail, the learned District Court shall decide the same without being prejudiced by the rejection of the present anticipatory bail application of petitioners. (Anil Kumar Sinha, J) HarshPandey/- U T