Patna High CourtCR. MISC./732/2024dismissed

Umesh Yadav v. The State Of Bihar

2024-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.732 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== UMESH YADAV S/O BALESHWAR VILLAGE- BHELWA, PS. GHOGHARDIHA, DIST. MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Ghoghardiha P.S. Case No.56 of 2023, registered for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant and his family members by means of several weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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

Patna High Court CR. MISC. No.732 of 2024(4) dt.16-04-2024 2/2 omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is allegation against the petitioner to assault the injured person due to which he sustained grievous injury.

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