Yogendra Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69261 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== YOGENDRA PAL, Son of Ghuran Pal, Resident of Village- Rajkhand, Police Station - Karpurigram, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP Mr. Bijay Bhushan Prasad, Advocate Mr. Rani Shashi Bharti, Advocate Mr. Shekhar Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Karpurigram P.S. Case no. 24 of 2023, registered under sections 307, 324, 326, 326A and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the four named accused persons including the petitioner herein came to the house of the informant. While some of the accused caught hold of her father-in-law, others poured acid on him as a result of which he started to shout out of pain. Thereafter, they also poured acid on the informant's son. On the people of the locality gathering there, the accused went away
Patna High Court CR. MISC. No.69261 of 2023(3) dt.20-12-2023 2/3 and somehow the life of the informant's family members could be saved.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of their being land dispute between the parties. The manner of occurrence is other than what has been narrated in the FIR. It was as a result of an accident that the acid out of the battery fell and was sprinkled on the father-in-law and son of the informant leading to injuries. The allegations are general and omnibus in nature. The petitioner is in custody since 17.4.2023, has no criminal antecedent and charge-sheet has been submitted in case.
5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct and specific allegation that the petitioner along with others poured acid on the father-in-law and son of the informant leading to serious injuries which has been substantiated by the injury reports. It is further submitted that the bail application of co-accused Rajesh Kumar @ Rajesh Paal and Kishan Kumar Yogendra Paal @ Yogendra Pal has been rejected vide order dated 29.11.2023 passed in Cr. Misc. no. 74435 of 2023.
Patna High Court CR. MISC. No.69261 of 2023(3) dt.20-12-2023 3/3
6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner of having poured acid on the father-in-law and son of the informant, the allegations having been substantiated from the injury report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T