Shambhu Yadav vs State Of Bihar

The matter has been heard via video conferencing.

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.

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.

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.

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.

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.

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 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.

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.

Accordingly, the petition stands dismissed.