Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72448 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Subodh Yadav Son of Rajniti Yadav Village- Nurepur Diyara Shaswan Jala W.No-15, Ps- Bachhwara Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bachhawara P.S. Case No. 288 of 2023 registered for the offences punishable under Sections 448, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, petitioner along with co-accused Vikash Kumar and some unknown persons is said to have abused the informant. On protest, petitioner fired five rounds upon the informant and his family members with an intention to kill them, but anyhow they managed to escape. In course of alleged occurrence, the accused persons snatched the golden chain of the informant worth Rs. 50,000/- to 60,000/-.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.72448 of 2024(2) dt.29-10-2024 2/2 No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. No any bullet as well as Khokha has been recovered from the place of occurrence. Nobody has sustained any injury in the alleged occurrence. Both the parties are agnates and there is an admitted land dispute between them. The present case is nothing, but a counter blast of Bachhawara P.S. Case No. 287 of 2023 filed by the father of the petitioner and only with a view to save his skin in the aforesaid case, the informant filed this false case against the petitioner and others. Learned counsel further submits that petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T