Patna High CourtCR. MISC./81299/2023dismissed

Lal Yadav v. The State Of Bihar

2024-04-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81299 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Lal Yadav Son Of Damodar Yadav @ Damodar Singh Yadav Resident Of Village- Dhamdaha, Bhitta Tol, Ps- Dhamdaha, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is no specific overt act against the petitioner, there is specific allegation against co-accused, Bibhuti Kumar. He further submits that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.81299 of 2023(4) dt.19-04-2024 2/2 02.07.2023. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of the offence, the prayer of the petitioner for bail is rejected in connection with Gwalpara (Arar O.P.) P.S. Case No. 225 of 2022, pending before the Court of learned Additional Chief Judicial Magistrate 1st Class, Udakishunganj, Madhepura.

7. However, the petitioner shall be at liberty to renew his prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T