Lav Kush Yadav @ Lav Kush Kumar vs The State Of Bihar
2021 Latest Caselaw 2026 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31976 of 2020
           Arising Out of PS. Case No.-333 Year-2020 Thana- AMARPUR District- Banka
     ======================================================

1. Lav Kush Yadav @ Lav Kush Kumar, Male, aged about 22 years, S/o Sukhdeo Yadav.

2. Suryanarayan Yadav @ Sujani Yadav, Male, aged about 25 years, S/o Sukhdeo Yadav.

3. Ghunghali Uadav, Male, aged about 22 years, S/o Sukhdeo Yadav.

All are resident of Village- Gorem, P.S.- Fullidumar, District- Banka.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vibhakar Kumar, learned counsel for the

petitioners and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Amarpur PS Case No. 333 of 2020 dated 21.06.2020, instituted

under Sections 341, 323, 308, 354, 379, 504, 506/34 of the

Indian Penal Code.

4. The allegation against the petitioners is of assault

on the head of the informant and his wife leading to injuries. Patna High Court CR. MISC. No.31976 of 2020 dt.18-05-2021

Against other co-accused, there is further allegation of snatching

of gold chain from the neck of the wife of the informant.

5. Learned counsel for the petitioners submitted that

the allegation is of general and omnibus assault against all the

petitioners and not specific. It was submitted that even the

injury report is not very specific. It was further submitted that

the petitioners have no criminal antecedent.

6. Learned APP, from the case diary, submitted that

there is injury on the head of the informant and his wife and the

injury of the informant is grievous in nature and opinion has

been reserved with regard to injury of the informant's wife,

though there is serious injury on her head. It was submitted that

all the three have assaulted and the Court is not required to go

into the aspect as to who actually hit since the intention was

common and has resulted in injury on head. Learned counsel

submitted that the petitioners with common intention have

assaulted the informant and his wife on the head and, thus, the

intention was clear to cause injuries to them and the same has

also resulted in injuries. It was submitted that the injury report

discloses that the same is grievous in nature and the informant

and his wife have suffered fracture on the arm also.

7. Having considered the facts and circumstances of Patna High Court CR. MISC. No.31976 of 2020 dt.18-05-2021

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioners.

8. Accordingly, the application stands dismissed.

9. Interim protection given to the petitioner under

order dated 12.03.2021 stands vacated.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T