Subhash Yadav vs The State Of Bihar
2021 Latest Caselaw 1509 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33879 of 2020
      Arising out of PS. Case No.-117 Year-2020 Thana- BIRAUL District- Darbhanga
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Subhash Yadav, Son of Satyanarayan Yadav, aged about 30 years, Gender

-Male, Resident of Village - Mahmuda, P.S.- Biraul, Distt.- Darbhanga.

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

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

For the Petitioner/s     :        Mr. Baidya Nath Prasad, Advocate
For the State            :        Mr. Bharat Bhushan, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2021 Heard Mr. Baidya Nath Prasad, learned counsel for

the petitioner and Mr. Bharat Bhushan, learned Additional Public

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

2. The petitioner apprehends arrest in connection with

Biraul PS Case No. 117 of 2020 dated 06.05.2020, instituted under

Sections 341/323/324/325/379/509/307/34 of the Indian Penal

Code.

3. The allegation against the petitioner and others is of

assault on the informant and her son and specifically against the

petitioner of giving farsa blow causing injury.

4. Learned counsel for the petitioner submitted that the

petitioner is a young student. It was further submitted that though

in the FIR, the allegation is of assault by farsa on the head, but in

the re-statement, she has stated that petitioner attacked her on the Patna High Court CR. MISC. No.33879 of 2020 dt.17-03-2021

hand by iron rod. It was submitted that witnesses have also stated

that petitioner had assaulted with iron rod on the hand. Learned

counsel submitted that he has no criminal antecedent.

5. Learned APP submitted that the learned 7th

Additional Sessions Judge, Darbhanga while rejecting the prayer

for anticipatory bail by order dated 02.09.2020, has noted that the

doctor has found one incised wound on the scalp, bone deep,

bleeding profusely and fracture on forearm, which has been found

to be grievous in nature caused by sharp cutting weapon. It was

submitted that the informant has received fracture on the forearm

and also bone deep incised wound on the scalp and, thus, further

version in the FIR as also in the re-statement of witnesses is fully

corroborated as both the injuries were grave in nature.

6. 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.

7. Accordingly, the application stands dismissed.

8. However, on submission of learned counsel for the

petitioner, the Court would observe that if the petitioner appears

before the Court below within four weeks from today and prays

for bail, the same shall be considered on its own merits, in Patna High Court CR. MISC. No.33879 of 2020 dt.17-03-2021

accordance with law, without being prejudiced by the present

order.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T