Paro Yadav @ Parmanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85474 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Paro Yadav @ Parmanand Yadav S/O Late Jugeshwar Yadav @ Late Yugeshwar Yadav Resident of Village- Sukhasan, P.S- Bakhityarpur, DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

s.Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bakhtiyarpur PS case no. 16 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.

The prosecution story, as per the First Information Report, is that on 13.01.2024 in the evening at about 6 pm, the informant along with his friend went to the market and when they reached near the shop of Sanjay Jaiswal, petitioner along with other accused persons armed with dangerous weapons, started abusing and snatched their belongings/ valuables. Upon

Patna High Court CR. MISC. No.85474 of 2024(2) dt.08-01-2025 2/3 protest, the petitioner ordered to kill the informant and his friend, upon which, co-accused Deepak Yadav and Nitish Kumar started assaulting the informant and his friend with the butt of pistol and also opened fire on the informant. Upon raising alarm, nearby people came and took the informant to hospital for treatment.

4.

Learned Counsel for the petitioner submits that petitioner has not committed any offence as alleged and the petitioner has falsely been implicated in this case due to previous enmity and local politics. Learned counsel further submits that petitioner is at best be said to be the order giver and other accused persons assaulted the informant with pistol butt and opened fire upon him. He also submits that specific allegation of assault is upon co-accused Deepak Yadav and Nitish Kumar and injury has been found to be simple in nature. Learned counsel also submits that both the parties are co-villagers and there is land dispute between them, due to which, present F.I.R. has been lodged.

5.

Having heard learned counsel for the parties and taking into consideration the nature of allegation and the fact that the petitioner is having 17 criminal antecedents of serious nature of offence, I am not inclined to grant the privilege of

Patna High Court CR. MISC. No.85474 of 2024(2) dt.08-01-2025 3/3 anticipatory bail to the petitioner.

6.

This application is, accordingly, rejected.

(Anil Kumar Sinha, J) rinkee/- U T