IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47112 of 2024 Arising Out of PS. Case No.-813 Year-2020 Thana- SONEPUR District- Saran ====================================================== Kapil Singh, Son Of Upendra Singh, Village- Sabalpur Bengali Tola, Ps- Sonepur, Dist- Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 17-01-2025 Heard Mr. Yogesh Chandra Verma, learned Senior Advocate appearing on behalf of the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 813 of 2020, registered for the offences punishable under Sections 147, 148, 448, 504, 506, 323, 324, 325, 307, 379 and 302 of the Indian Penal Code. 3. Based upon the fard beyan of the informant, the prosecution alleges that on the fateful day the informant forbade the accused persons from preparing and selling liquor; on retaliation of which all the FIR named accused persons, including the petitioner and other 5-7 unknown persons came at the place of occurrence; and started abusing and assaulting the Patna High Court CR. MISC. No.47112 of 2024(4) dt.17-01-2025 2/3 informant and others. It is specifically alleged that this petitioner has given a barchi blow on the head of Kedar Kumar, which crossed through his head. There are further allegation of causing assault against other accused persons. 4. Learned Senior Advocate appearing on behalf of the petitioner contended that the present case is nothing but a counterblast to Sonepur P.S. Case No. 788 of 2020 which has been instituted on 04.11.2020 by the person of the petitioner’s side. The present FIR has been instituted after a delay of fourteen days without any explanation for the same. From the allegation narrated in both the FIR, it clearly suggest that on account of some dispute, both the parties have entered into a free fight, resulting into injuries to persons of both the sides, however, the prosecution has failed to explain the injuries sustained to the persons of the petitioner’s side. Drawing the attention of this Court to the post-mortem report, it is further contended that during the post-mortem only a lacerated injury has been found over the head of the deceased, which also does not corroborate the allegation. The delay in lodging of the FIR and sending it to the concerned Court also smacks mala fide and deliberation on the part of the informant. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. Patna High Court CR. MISC. No.47112 of 2024(4) dt.17-01-2025 3/3 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is a specific allegation of causing barchi blow over the head of the deceased which resulted into his death. The post-mortem report also suggest that the deceased has received an injury over his head which also corroborate the allegation. Moreover, the FIR has been instituted way back in the year 2020 and the petitioner has approached this Court after two years, which also suggests that the petitioner had been evading from the law. 6. Regard being had to the submissions made on behalf of the parties and considering the specific nature of accusation of causing barchi blow over the head of the deceased, coupled with the fact that the post-mortem report also corroborate the allegation, this Court is not acceded to the prayer of the petitioner for granting anticipatory bail. The petitioner is directed to ensure his surrender before the Court below preferably within a period of four weeks from today and pray for regular bail. supratim/- (Harish Kumar, J) U T