Daroga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71620 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- KOTWA District- East Champaran ====================================================== DAROGA YADAV S/o Deoki Yadav R/v- Fatuha, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Kotwa P.S. case no.196 of 2021, registered for the offence punishable under Sections 147, 148, 149, 324, 323, 325, 326, 341, 307, 504 and 506 of the Indian Penal Code and section 27 of Arms Act.

As per the allegation, all the FIR name accused persons including the petitioner being member of unlawful assembly came to the house of informant and with an intention to commit murder the petitioner open fired from gun on the informant due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.71620 of 2022(2) dt.02-02-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is land dispute between the family of the petitioner and the family of the informant due to which the informant alongwith other person has murdered the uncle of the petitioner for which the petitioner had lodged a case against the informant. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner to fire upon the informant due to which he sustained grievous injuries.

Having regard to the facts and circumstances of the case, as the injuries are grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T