Sushil Yadav @ Shoshil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84654 of 2023 Arising Out of PS. Case No.-128 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SUSHIL YADAV @ SHOSHIL KUMAR YADAV SON OF HARERAM YADAV R/O VILLAGE- DINMO, P.S.- KUSHESHWARASTHAN, DIST.- DARBHANGA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Kusheshwarasthan P.S. Case No.128 of 2020, registered for the offence punishable u/s 341, 323, 307, 354, 504, 379, 506 and 34 of the IPC.

3.

As per the prosecution case, petitioner along with other co-accused persons are alleged to have assaulted the informant and his family by means of various weapons and taken away valuable articles.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.84654 of 2023(3) dt.15-05-2024 2/2 motive. No such occurrence in the manner as alleged has ever taken place. Parties are neighbours and there is an admitted land dispute between them. The allegation of assaulting on the head of husband of the informant is upon two persons and not specifically upon the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the injury of the injured was found grievous in nature. 6.

Considering the aforesaid facts and circumstances and 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.

This application is accordingly dismissed.

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