Discrepancies in the description and gravity of injuries between the case filed and post-mortem report formed the basis of bail grant by the Court: High Court Of Patna
Petitioner alleged of killing the informant’s father granted bail on establishing that the case filed and post-mortem report doesn’t match the amount and gravity of the injuries that have been inflicted upon the deceased. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Indal Yadav and Ors. v. The State of Bihar[Criminal Miscellaneous No. 4321 of 2021]. The facts of the case were that the petitioners were apprehended arrest in connection with the Case, instituted under Sections 147, 148, 149, 341, 323, 447, 302, 504, and 506 of the Indian Penal Code. It was alleged that the petitioner had assaulted the father of the informant by hitting an iron rod on his head and others had also assaulted him due to which he died and further, there is a general and omnibus allegation of assault on others also. Learned counsel for the petitioners submitted that the case is false for despite there being specific allegation in the FIR that there was assault by all the accused and specific against another co-accused of having hit on the head by an iron rod. The post-mortem report didn’t have any injuries mentioned. The petitioners also had no other criminal antecedents. The Additional Public Prosecutor contended that though in the inquest report, there is a reference of injury on the chest the same has not been specified and further that in the postmortem, the doctor has not found any injury on the body through the allegation against the petitioner no. 1 is that he had assaulted by bamboo stick and the petitioners no. 2 and 4 had tied up the hand of the deceased and had assaulted him with lathi on the hand. Learned counsel for the informant submitted that the inquest report shows that there were injuries on the chest. However, she was not able to controvert the fact that only a statement has been made that there were injuries without there being any specific injury referred and that in the post-mortem, no such injury anywhere on the body has been found.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 43221 Arising Out of PS. Case No. 141 Year 2020 Thana BAKHTIARPUR District Saharsa Indal Yadav aged about 45 years Male Son of Late Ramdeo Yadav. Ravi Ranjan @ Ravi Ranjan Yadav aged about 34 years Male Son of Sri Krit Narayan Yadav. 3. Ashish Yadav @ Ashish Kumar aged about 23 years Male Son of Sri Krit Narayan Yadav. 4. Vinit Yadav @ Vinit Kumar aged about 21 years Male Son of Sri Indal All resident of Village Sukhasani PS Bakhtiyarpur District Saharsa The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State For the Informant Mr. Amit Kumar Anand Advocate Ms. Rita Verma APP Ms. Rashmi Jha Advocate CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16 08 2021 The matter has been heard via video conferencing 2. Heard Mr. Amit Kumar Anand learned counsel for the petitioners Ms. Rita Verma learned Additional Public Prosecutor for the State and Ms. Rashmi Jha learned counsel for the informant 3. On 06.07.2021 the prayer for pre arrest bail on behalf of petitioner no. 3 namely Ashish Yadav @ Ashish Kumar had been withdrawn as he had been arrested and thus the petition now stands restricted to petitioners no. 1 2 and 4 namely Indal Patna High Court CR. MISC. No.43221 dt.16 08 2021 Yadav Ravi Ranjan @ Ravi Ranjan Yadav and Vinit Yadav Vinit Kumar respectively 4. The petitioners no. 1 2 and 4 apprehend arrest in connection with BakhtiyarpurPS Case No. 1420 dated 19.05.2020 instituted under Sections 147 148. 149 341 323 447 302 504 and 506 of the Indian Penal Code 5. The allegation against the petitioners is that co accused Krit Narayan Yadav had assaulted the father of the informant with iron rod on his head and thereafter others had also assaulted him due to which he died and further there is general and omnibus allegation of assault on others also 6. Learned counsel for the petitioners submitted that the case is absolutely false for despite there being specific allegation in the FIR that there was assault by all the accused and specific against another co accused of having hit on the head by iron rod the post mortem report does not disclose a single external injury on the body. It was submitted that the cause of death has also not been indicated in the post mortem report and so the viscera had been preserved for forensic examination. Learned counsel submitted that the petitioners have no other criminal antecedent Patna High Court CR. MISC. No.43221 dt.16 08 2021 7. On 06.07.2021 in view of there being some discrepancy in the inquest report and the postmortem report with regard to external injuries the Court had asked learned APP to obtain the up to date legible copy of the entire case diary of BakhtiyarpurPS Case No. 1420 as also the inquest and postmortem reports and further the injury reports of the other victims from the Superintendent of Police Saharsa 8. Learned APP submitted that she has received the same. It was submitted that though in the inquest report there is reference of injury on the chest but the same has not been specified and further that in the postmortem the doctor has not found any injury on the body though the allegation against the petitioner no. 1 is that he had assaulted by bamboo stick and the petitioners no. 2 and 4 had tied up the hand of the deceased and had assaulted him with lathi on the hand but no such injury has been found. It was submitted that as no opinion has been given by the doctor with regard to reason for death the viscera was preserved for forensic examination 9. Learned counsel for the petitioner submitted that there is no allegation of any poisoning and thus such preservation of viscera may not be relevant for the purposes of considering the present application as specific allegation is only of assault leading Patna High Court CR. MISC. No.43221 dt.16 08 2021 to death that too against co accused Krit Narayan Yadav who is not petitioner in the present petition and after arrest has been enlarged on bail 10. Learned counsel for the informant submitted that the inquest report shows that there were injuries on the chest However she was not able to controvert the fact that only a statement has been made that there were injuries without there being any specific injury referred and that in the postmortem no such injury anywhere on the body has been found 11. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Court finds that as per the allegation there being specific allegation of assault by bamboo stick on the body against petitioner no. 1 and against petitioner no. 2 that he had tied up the hands and assaulted by a thick bamboo stick and also against petitioner no. 4 that he also tied the hands and assaulted by bamboo stick on the hand but no trace of any injury having been found in the postmortem report as also the petitioners having no other criminal antecedent and further that as compared between the inquest and postmortem report the postmortem report being more specific since the inquest report is prepared only by what is being said by the people present at the time of occurrence and that Patna High Court CR. MISC. No.43221 dt.16 08 2021 too a vague statement of injury on chest but without any such trace found during postmortem the Court is inclined to allow the prayer for pre arrest bail 12. Accordingly in the event of arrest or surrender before the Court below within six weeks from today petitioner no 1 namely Indal Yadav petitioner no. 2 namely Ravi Ranjan Ravi Ranjan Yadav and petitioner no. 4 namely Vinit Yadav Vinit Kumar be released on bail upon furnishing bail bonds of Rs 25 000 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saharsa in BakhtiyarpurPS Case No 1420 subject to the conditions laid down in Section 438(2 of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the said petitioners that the said petitioners shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 13. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the said Patna High Court CR. MISC. No.43221 dt.16 08 2021 petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the concerned petitioners 14. The petition stands disposed of in the (Ahsanuddin Amanullah J