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Patna High CourtCR. MISC./70865/2024rejected

Guddu Yadav v. The State Of Bihar

2025-02-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70865 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Guddu Yadav S/O Shiv Bachan Yadav @ Shiv Kumar Yadav R/o vill - Kante, P.S - Brahmpur, Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik Mishra, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2025 Heard Mr.Pratik Mishra, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sahpur P.S.Case No.155 of 2024, FIR dated 17.04.2024 registered for the offences punishable under Sections 341,323,307/504/506 of IPC read with Section 34 of the Indian Penal Code, 1860.

3. Allegation against the petitioner is that he assaulted to Sanjay by iron rod on his head causing head injury and he fell unconscious.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed

Patna High Court CR. MISC. No.70865 of 2024(6) dt.13-02-2025 2/2 any offence as alleged in the FIR. The informant is not the eye witness of the alleged occurrence and as per FIR allegation against the petitioner is that he assaulted to one Sanjay Yadav.

5. Pursuant to the direction of this Court, Mr. Bhanu Pratap Singh, learned APP for the State has produced the final injury report of the injured person, namely, Sanjay Yadav and from a bare perusal of the injury report of Sanjay Yadav it appears that the nature of the injury is grievous in nature.

6. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and the injury inflicted upon the injured person is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sahpur P.S.Case No.155 of 2024 pending in the court of learned Additional Sessions Judge-VIII, Bhojpur at Ara.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T