Patna High CourtCR. MISC./67386/2023disposed

Asharfi Yadav v. The State Of Bihar

2023-10-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67386 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Asharfi Yadav, S/O Rameshwar Yadav R/O Village- Gerua Pursanda, P.SHalsi, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narsingh Tanti, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Halsi P.S. Case No. 168 of 2023, lodged on 03.07.2023 under Sections 341, 323, 324, 307, 379 & 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 4 named accused persons including the present petitioner with an allegation that they have assaulted the informant's husband by Iron rod due to which he got injured badly.

4. Learned counsel for the petitioner submits that there is no specific allegation against anyone and there is general and anonymous allegation against all the accused persons. The incident took place on a very pity issue with a view

Patna High Court CR. MISC. No.67386 of 2023(2) dt.17-10-2023 2/2 to guiding the buffalo. He further submits that the petitioner is in custody since 05.07.2023 and there is one criminal case pending against the petitioner in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the allegation of assault against the petitioner and others is true.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Halsi P.S. Case No. 168 of 2023, pending before the learned Judicial Magistrate, Lakhisarai is hereby rejected,

8. However, the petitioner shall move for regular bail after framing of charge, the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T