Baban Yadav @ Baban Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76903 of 2023 Arising Out of PS. Case No.-388 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
BABAN YADAV @ BABAN SINGH SON OF NARDEO YADAV @ INDRADEV SINGH RESIDENT OF VILLAGE- HICHHAN BIGHA, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD (BIHAR) 2.
LALAN YADAV @ LALAN SINGH SON OF NARDEO YADAV @ INDRADEV SINGH RESIDENT OF VILLAGE- HICHHAN BIGHA, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD (BIHAR) 3.
ROUSHAN YADAV @ ROUSHAN KUMAR SON OF BABAN YADAV @ BABAN SINGH RESIDENT OF VILLAGE- HICHHAN BIGHA, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Chandra Bhaskar For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard the parties.
2. The petitioners apprehend their arrest in Daudnagar P.S. Case No.388 of 2023, registered for the offence punishable under Sections 341,323, 325, 308, 504 and 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they along with other co-accused persons brutally assaulted the informant and his wife due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.76903 of 2023(2) dt.05-12-2023 2/2 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injury of the wife of the informant is grievous in nature which is clear from the impugned order itself.
6. Having regard to the facts and circumstances of the case as the injuries of the wife of informant is grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T