Shatrughan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68922 of 2022 Arising Out of PS. Case No.-171 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== SHATRUGHAN YADAV SON OF LATE SATYANARAYAN YADAV R/O VILLAGE- NOLOKHI, WARD NO.07, P.S.- JANKINAGAR, DISTRICTPURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar, Adv.
For the Opposite Party/s :
Mr.Kalyan Shankar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 354/34 of the Indian Penal Code.
Allegedly, after some altercation, petitioner along with accused persons, assaulted the informant and his family. Petitioner is said to have assaulted the informant's wife on her private part due to which she sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are co-villagers. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to
Patna High Court CR. MISC. No.68922 of 2022(3) dt.10-04-2023 2/2 village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is case and counter case between the parties. Both the parties have sustained injuries. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.
Considering the facts and circumstances of case, as there is specific overt act against the petitioner that he assaulted the informant's wife on her private part, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) divyanshi/- U T