Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69852 of 2018 Arising Out of PS. Case No.-276 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Manoj Yadav, Son of Mahendra Yadav, Resident of Village + Post- Hathwan, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Alauli P.S. Case No. 276 of 2018, registered for the offence punishable under Sections 341, 323, 325, 452, 354B, 307, 380 and 504(B) of the Indian Penal Code.

The case of the prosecution in brief is that the coaccused Chhotan Yadav had entered into the house of the informant and tried to commit illegal and immoral act upon her whereupon, she had raised alarm and thereafter, the husband of the informant had arrived and tried to save the informant. However, the co-accused Chhotan Yadav called his accomplice, whereafter, the accused persons including the petitioner herein came, variously armed and started assaulting

Patna High Court Cr.Misc. No.69852 of 2018(3) dt.09-01-2019 2/3 the husband of the informant. As far as the petitioner is concerned, he has, admittedly, assaulted the husband of the informant on his hands with the hand of the tube-well causing grievous injury and fracture on the hand of the husband of the informant.

The learned counsel for the petitioner submits that there is general and omnibus allegation of assault upon the accused persons and co-accused person, namely, Sanjeev Yadav has already been granted bail by this Court. Per contra, the learned counsel for the informant has submitted that the petitioner has a bad antecedent inasmuch as four criminal cases are pending against the petitioner and there is specific allegation of assault upon the petitioner herein resulting in grievous injury to the husband of the informant which stands corroborated by the injury report, as is seen from the case diary.

Having regard to the submissions made by the learned counsel for the parties, the materials available on record, as also the materials available in the case diary, I find that the case of the petitioner is absolutely distinguishable from the case of the co-accused person, namely, Sanjeev Yadav and as far as the petitioner is concerned, there is ample

Patna High Court Cr.Misc. No.69852 of 2018(3) dt.09-01-2019 3/3 material on record to show that the petitioner had assaulted the husband of the informant resulting in infliction of grievous injury to him, hence, at the moment, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer of the petitioner for grant of regular bail is rejected.

(Mohit Kumar Shah, J) ajay gupta/- U T