Ashok Yadav @ Ashok Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67545 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Ashok Yadav @ Ashok Kumar Yadav Son of Ramjanm Yadav @ Late Ramjanm Rai Resident of Village- Bairagi Tola, P.S.- Kalyanpur, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No.238/2023, registered for the offence punishable under Sections 341, 323, 324, 307, 387, 379, 504, 506, 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of seven cases and is in custody since 17.06.2024 and the informant alleges that one Bullet Yadav was demanding extortion of Rs. 5 lacs from him from jail and when the extortion was not paid, it is alleged that on 06.07.2023 at about 9.00 P.M., when informant was at his shop four accused on two motorcycles came and surrounded his shop and Bullet
Patna High Court CR. MISC. No.67545 of 2024(2) dt.05-10-2024 2/2 Yadav assaulted the informant by butt of pistol on his right eye, on account of which, he sustained injury below his right eye, thereafter this petitioner assaulted the informant by butt of pistol and also fired in the air.
4. The learned counsel submits that the allegation of assault gets belied by the injury report annexed as Annexure 4. It is further submitted that petitioner being husband of the Upmukhiya has been falsely implicated in the instant case at behest of his political rival.
5. Learned A.P.P. for the State Mr. Chandra Bhushan Prasad opposes the prayer for bail of the petitioner and submits that petitioner is a criminal and has antecedent of seven serious cases including murder, extortion, Arms Act and N.D.P.S. Act. It is further submitted that if privilege of bail is granted to the petitioner the petitioner may abscond.
6. Considering the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail.
7. The regular bail application of the petitioner is rejected.
(Satyavrat Verma, J) amit/- U T