Single judge order rejecting the petitioner's application for anticipatory bail in a case involving offenders under IPC sections 302, 34, etc., regarding an alleged assault resulting in death amidst a land dispute.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5432 of 2023
Arising Out of PS. Case No.-245 Year-2022 Thana- MAIRWAN District- Siwan
======================================================
DEEPAK YADV @ PAPPU @ PAPPU KUMAR @ DEEPAK KUMAR SON OF PARAS YADAV @ PARAS NATH YADAV R/O VILLAGEPHULWARIA, P.S.- MAIRWA, DISTRICT- SIWAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raghav Prasad, Adv. For the Opposite Party/s : Mr.Yogendra Kumar, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 07-04-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 302/34 of the Indian Penal Code.
Allegedly, petitioner along with other accused persons, came near the house of the informant and started abusing and assaulting the informant’s husband. In the meanwhile, the petitioner assaulted the informant’s husband by means of knife on his abdomen and thigh, as a result of which the informant’s husband became seriously injured and during treatment, he died.
It is submitted by learned counsel for the petitioner that petitioner is quiet innocent and has committed no offence. Both
Patna High Court CR. MISC. No.5432 of 2023(2) dt.07-04-2023 2/2
the parties are agnates. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. It is further submitted that as per prosecution story, the petitioner assaulted the informant’s husband with knife on his abdomen and thigh but postmortem does not show any injury on abdomen. Petitioner has two criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case and nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J)
divyanshi/-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a case involving death and assault.
1 provisions across 1 enactments
Deepak Yadv @ Pappu @ Pappu Kumar @ Deepak Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
