SHYAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

(2.) The petitioner is apprehending his arrest in connection with Hayaghat P.S. Case No.87 of 2018 for allegedly having committed the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

(3.) Learned counsel for the petitioner submits that though it has been alleged that the petitioner had assaulted the informant with Talwar and an injury report of the private hospital has been brought on record, there is a serious cloud on the prosecution story in view of the fact that while the informant was taken to DMCH for treatment, no injury report was prepared at that point of time and the informant without taking any discharge ticket from the DMCH was then referred to the P.M.C.H. for higher treatment. However, the injured chose not to go to the PMCH, but instead treated at the private hospital where it appears that an FIR was recorded by the pol ice on 26.09.2018. However, the same failed to be registered immediately thereafter and instead, the same was referred to the concerned P.S. for investigation on 07.10.2018 i.e., after nearly ten days of the date of recording of the FIR at Patna. He thus submits that there is a serious doubt on the prosecution story and the petitioner may be extended the privilege of pre-arrest bail as other similarly situated co-accused persons, who are alleged to have attacked the informant, have since been granted anticipatory bail in Cr.Misc.No.843 of 2019 vide order dated 28.01.2019 and Cr.Misc. No.10457 of 2019 vide order dated 22.02.2019.