Shambhu Yadav vs The State Of Bihar
2021 Latest Caselaw 4426 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 38788 of 2020
      Arising Out of PS. Case No.-27 Year-2020 Thana- SALAKHUA District- Saharsa
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Shambhu Yadav, aged about 35 years, Son of Hari Prasad Yadav, Resident of Village- Situaha, Pramukh Tola, PS- Salkhua, District- Saharsa.

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

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

For the Petitioner/s : Mr. Rakesh Narayan Singh, Advocate For the State : Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-09-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner, which was

allowed.

3. Heard Mr. Rakesh Narayan Singh, learned counsel

for the petitioner and Mr. Syed Mojibur Rahman, learned

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

for the State.

4. The petitioner apprehends arrest in connection with

Salkhua PS Case No. 27 of 2020 dated 29.01.2020, instituted

under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the

Indian Penal Code.

Patna High Court CR. MISC. No.38788 of 2020 dt.03-09-2021

5. The allegation against the petitioner and others is of

assault on the informant and others and specifically against the

petitioner is that he had assaulted the informant on the head by

kudali due to which injury was sustained on the head.

6. Learned counsel for the petitioner submitted that the

parties are agnates and there is also a counter case for the same

incident filed by the wife of the petitioner. Learned counsel

submitted that there is land dispute for which civil proceedings are

going on and the informant's side had forcibly tried to grab the

disputed land. Learned counsel submitted that the injury reports

have been given by private doctors which does not inspire

confidence and also indicates that the case has falsely been

lodged. It was further submitted that though the allegation is of

assault by kulhari (axe) but the injury caused has been said to be

by hard blunt substance and, thus, the allegation is falsified.

7. Learned APP submitted that from the order of the

learned Additional Sessions Judge, IV, Saharsa in ABP No. 186 of

2020 dated 07.09.2020, it transpires that he had gone through the

case diary in which the injury reports have been noted and the

same are grievous in nature. Learned APP submitted that in the

FIR itself, it has been alleged that the petitioner had assaulted by

kudali and not kulhari and, kudali, being a hard blunt substance Patna High Court CR. MISC. No.38788 of 2020 dt.03-09-2021

commonly used in the field, there is no discrepancy in the medical

report as kudali is also a hard blunt substance. It was further

submitted that the petitioner is also accused in Salkhua PS Case

No. 746 of 2014 and, thus, is having past criminal antecedent.

8. 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.

9. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T