Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86304 of 2024 Arising Out of PS. Case No.-760 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Pramod Yadav Son of Ram Prasad Yadav, Resident of Village- Deochand Pripra, PS- Fatehpur, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-01-2025 Heard Mr. Ajay Kumar Sinha, the learned counsel for the petitioner and Mr. Anant Kumar 1, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Fatehpur PS Case No. 760 of 2022, FIR dated 30.11.2022, registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506 read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, the petitioner along with other co-accused persons assaulted the informant due to which she suffered head injury. It is further alleged that the co-accused persons also assaulted informant's family members and snatched valuable ornaments from them.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.86304 of 2024(2) dt.17-01-2025 2/2 implicated in the present case. He lastly submits that it is an admitted fact in the FIR that due to admitted land dispute the present occurrence has taken place.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR, it appears that there is direct and specific allegation against the petitioner that he has assaulted to the informant by means of iron rod on her head and the informant has also received the injury, which is found to be grievous in nature. 6.

Considering the aforesaid facts and circumstances and the fact that the injury received on the person of informant is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Fatehpur PS Case No. 760 of 2022, pending in the Court of learned Additional Chief Judicial Magistrate-X, Gaya. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T