The absence of an injury report can cast doubt on the prosecution's case and influence the grant of bail, especially when the accused has a clean antecedent and has been in custody for a significant period.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6865 of 2022

Arising Out of PS. Case No.-573 Year-2021 Thana- AMARPUR District- Banka

======================================================

ARVIND YADAV @ ANAND RAJ SON OF LATE MEDI YADAV R/O

VILLAGE- OURA BAGICHA, P.S.- DHARAHRA, DISTRICT- MUNGER

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Sanjay Kumar Jha, Advocate

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

3

02-01-2023

Heard the learned counsel for the petitioner and

the learned APP for the State.

The petitioner seeks regular bail in connection

with Amarpur PS case no. 573 of 2021 instituted for the

offences punishable under Sections 341, 323, 307, 504/34 of the

Indian Penal Code and Sections 25(1-b)A, 26, 27, 35 of Arms

Act.

The case of the prosecution in brief is that when

the informant and her husband were in their house on

25.11.2021, the petitioner along with three other co-accused

persons had arrived there, whereupon they had assaulted the

husband of the informant with fists. It is also alleged that during

the course of the incident in question, the petitioner had fired

from his pistol on the husband of the informant, however,

Patna High Court CR. MISC. No.6865 of 2022(3) dt.02-01-2023

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luckily, the bullet scraped by touching the chest of the husband

of the informant, however, on alarm being raised, co-villagers

had arrived there, whereafter they had caught the petitioner and

recovered a pistol along with a live cartridge.

The learned counsel for the petitioner submits

that the petitioner is innocent, has been falsely implicated in the

present case, is having a clean antecedent and is languishing in

custody since 26.11.2021. It is further submitted that a bare

perusal of the case diary would show that no injury report of the

husband of the informant is on record, which itself depicts the

falsity of the prosecution story, thus apparently, the petitioner

has been falsely implicated in the present case.

Per contra, the learned APP for the State has

vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the

case, considering the submissions made by the learned counsel

for the parties and taking into account the materials available on

record as also considering the fact that no injury report of the

husband of the informant is available in the case diary, which

makes the incident in question doubtful, apart from the fact that

the petitioner is having a clean antecedent and he is languishing

in custody since more than a year, I deem it fit and appropriate

Patna High Court CR. MISC. No.6865 of 2022(3) dt.02-01-2023

3/3

to enlarge the petitioner on bail.

Accordingly, the abovenamed petitioner is directed to

be released on regular bail on furnishing bail bond of Rs.

10,000/- (Rs. Ten thousand) with two sureties of the like amount

each to the satisfaction of learned Chief Judicial Magistrate,

Banka in connection with Amarpur PS case no. 573 of 2021.

rinkee/-

(Mohit Kumar Shah, J)

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