Bharat Singh @ Bharat Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82203 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Bharat Singh @ Bharat Prasad S/o Mahendra Singh R/o Village- Kapurchak, P.S.- Sripur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Yogesh Chandra Verma, Sr. Advocate Sri Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025
1. Heard Sri Yogesh Chandra Verma, learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 324, 307, 379, 504 and 506 of the Indian Penal Code.
3. Learned Senior Counsel for the petitioner submits that petitioner had antecedent of four cases but then in all the four cases he has been acquitted. It is further submitted that the informant alleges that her father-in-law was working in the field when the accused persons including the petitioner came and the accused persons started assaulting her father-in-law. Further, the petitioner assaulted her father-in-law by farsa causing injury on
Patna High Court CR. MISC. No.82203 of 2024(2) dt.05-03-2025 2/3 head and when the informant and her husband came to save him the accused assaulted them also.
4. Learned Senior Counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that there is specific allegation against this petitioner of assaulting the father-in-law of the informant by farsa but then from perusal of the injury report, it would manifest that the injury does not corroborate the allegation of assault by farsa as the injury report does not record that the injury was caused by a sharp edged weapon. It is further submitted that from the side of the petitioner also Sripur P.S. Case No. 20 of 2024 was instituted against the side of the informant and others wherein the informant of the said case was the petitioner herein. It is next submitted that in Sripur P.S. Case No. 21 of 2024, it has been alleged that on account of dispute relating to land an altercation had taken place in which the father-in-law of the present informant fell and received injury. It is thus submitted that this perhaps explains why the injury report of the injured does not record that the injury was caused by sharp edged weapon.
5. Learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the
Patna High Court CR. MISC. No.82203 of 2024(2) dt.05-03-2025 3/3 petitioner and submits that there is specific allegation against this petitioner of assaulting the father-in-law of the informant by farsa causing injury on head which is opined to be grievous. It is further submitted that from perusal of the injury report, it would manifest that the injury report does not record that by what weapon the injury was caused but then clearly records that the injury was grievous. It is next submitted that the injured was initially taken to PHC from there to Sadar Hospital from where he was referred to Gorakhpur where he was admitted in an ICU of the Hospital.
6. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Sripur P.S. Case No. 21 of 2024 pending in the Court of learned Chief Judicial Magistrate, Gopalganj/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T