Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5281 of 2024 Arising Out of PS. Case No.-226 Year-2015 Thana- KHAIRA District- Jamui ====================================================== Arun Yadav S/O BABU LAL YADAV R/O village -Darima PS-GARHI KHAIRA DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Khaira P.S. Case No.226 of 2015 registered for the offence under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3.

The allegation against the petitioner is to have assaulted the informant by means of Farsa due to nonfulfillment of extortion money along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is also submitted that there is

Patna High Court CR. MISC. No.5281 of 2024(2) dt.12-02-2024 2/2 inordinate delay of two days in lodging the present FIR. It is further submitted that the allegation as regard to assault is general and omnibus in nature against this petitioner. It is further submitted that the petitioner is in custody since 05.08.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that specific allegation as regard to causing Farsa blow upon the head of the informant against this petitioner. 6.

In view of the submissions, as made above, as six injuries were found on the head of the informant, where, four injuries were caused by sharp weapon, this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

However, petitioner is at liberty to renew his payer for bail after examination of one injured witness. (Ramesh Chand Malviya, J) S.Katyayan/- U T