Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2819 of 2023 Arising Out of PS. Case No.-493 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.
RAJESH YADAV SON OF LATE SHIV SHANKAR YADAV R/O VILL.- PADMINIYA, P.S.- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR 2.
RAKESH YADAV @ RAKESH KUMAR YADAV SON OF LAXUMAN YADAV R/O VILL.- PADMINIYA, P.S.- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR 3.
UPENDRA YADAV @ UPENDRA KUMAR YADAV SON OF LOBHI YADAV R/O VILL.- PADMINIYA, P.S.- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR 4.
RAJU YADAV SON OF BHUTELI YADAV R/O VILL.- PADMINIYA, P.S.- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR 5.
SURENDRA YADAV SON OF RAMAYAN YADAV R/O VILL.- PADMINIYA, P.S.- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
09-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 341, 323, 325, 307, 504, 506 of the Indian Penal Code.
As per the prosecution case, all the F.I.R. named accused persons including petitioners abused and assaulted the informant on his head by means of lathi, danda, iron rod and butt of gun, due to which, he received several injuries. It is further alleged that petitioner no. 1 fired in air to threaten the informant.
Patna High Court CR. MISC. No.2819 of 2023(2) dt.09-05-2023 2/2 It is submitted on behalf of petitioners that due to previous enmity, a simple Maarpit took place, in which, both sides sustained injury. There is case and counter case. It is further submitted that injuries caused to the informant is not on vital part of the body and as such, no case under Section 307 of the I.P.C. is made out against petitioners.
However, learned A.P.P. for the State opposes the bail petition and submits that petitioners are named in the F.I.R. and there is specific allegation against these petitioners that they committed assault with deadly weapons on the informant and most of the injuries are grievous in nature.
Considering the nature of injury, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay/- U T