Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77736 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== MANOJ YADAV S/O RAMROOP YADAV @ RAMSWAROOP YADAV R/O VILLAGE- BARNA, P.S- SIKANDRA, DISTT.- JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Sikandra P.S. Case No.94 of 2023, registered for the offence punishable under Sections 341, 323, 324, 325, 379, 307, 354(B), 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons brutally assaulted the informant's side by means of several weapons.

4. 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 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.77736 of 2023(2) dt.07-12-2023 2/2 petitioner. He further submits that earlier the petitioner has filed a case against the informant thereafter the informant has lodged the present case against the petitioner and others. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injury is of grievous nature, which is also evident from the impugned order.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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