Faltu Yadav vs The State Of Bihar
2021 Latest Caselaw 3370 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.7301 of 2020

       Arising Out of PS. Case No.-133 Year-2019 Thana- MIRGANJ District- Purnia
 ======================================================

Faltu Yadav, Male, agegd about 35 years, Son of Late Batahu Yadav Resident of Village - Dharari, P.S.- Mirganj, District - Purnea.

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

 For the Petitioner/s     :       Mr. Ajit Ranjan Kumar, Advocate
 For the State            :       Mr. I[emdra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ajit Ranjan Kumar, learned counsel for the

petitioner and Mr. Upendra Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Mirganj PS Case No. 133 of 2019 dated 23.10.2019, instituted

under Sections 341, 324 and 307of the Indian Penal Code.

4. The allegation against the petitioner is of attack on

the informant's head by Garasi resulting in injuries, the reason

being that he used to have bad eye on the wife of the informant.

5. Learned counsel for the petitioner submitted that

though there is allegation of attack on head by Garasi but the Patna High Court CR. MISC. No.7301 of 2020 dt.15-07-2021

same has not been said to be repeated and four injuries have been

found on the person of the informant. Thus, it was submitted that

he has been falsely implicated. It was further submitted that the

petitioner has no criminal antecedent.

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

there is no reason for any false allegation and there is allegation

only against one person who has been identified i.e., the petitioner.

It was submitted that the injuries have been caused on vital parts

i.e., three on the head and one on the neck and, thus, the intention

of the petitioner was very clear of causing serious harm to the

informant but somehow, he was saved. It was further submitted

that there is absolutely no reason for the informant to falsely

implicate the petitioner at the cost of saving the real culprit who

had made such brutal attack on him.

7. Having considered the facts and circumstances of the

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

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears

before the Court below and prays for bail, the same shall be Patna High Court CR. MISC. No.7301 of 2020 dt.15-07-2021

considered on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T