Avadhesh Yadav @ Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75167 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Avadhesh Yadav @ Awadhesh Yadav Son of Late Shital Yadav Resident of Village- Birbanna, PS -Bihpur (Bhawanipur) District -Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Bihpur P.S. Case No.47 of 2024, registered for the offence punishable u/s 147, 148, 149, 447, 385, 387, 307, 504, 506 of IPC and 27 of Arms Act.

3.

Allegedly, petitioner along with some known and unknown co-accused persons came to the informant's house and started abusing for demand of extortion. It is further alleged that the petitioner along with one another co-accused started firing with the intention to create fear.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to previous

Patna High Court CR. MISC. No.75167 of 2024(2) dt.11-11-2024 2/2 enmity. Nobody sustained injury in this incident. No incriminating article or blood stain has been found from the place of occurrence. It is further submitted that the cartridges had been put in front of informant's main gate to make the case grave. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation of firing upon the informant against the petitioner.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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