Patna High Court
Ashok Srivastava @ Vishwa Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner as the FIR did not establish a prima facie case of injury caused by a sharp cutting weapon.
Summary
The petitioner, Ashok Srivastava, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault with an iron rod and a sharp cutting weapon called 'farsa' on the informant's 16‑year‑old nephew in a mango orchard. The petitioner contended that he was falsely implicated over a dispute concerning the orchard and that the victim's injury was caused by a blunt object, not a sharp weapon. The informant opposed the bail, emphasizing the specific allegation of assault with 'farsa' and an iron rod. The court examined the FIR and noted the absence of any prima facie evidence of injury caused by a sharp cutting weapon, finding the allegation unsubstantiated. Consequently, the court granted anticipatory bail to the petitioner, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned it under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations of assault with a sharp cutting weapon and an iron rod.
- Whether the FIR discloses a prima facie case of injury caused by a sharp cutting weapon ('farsa').
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 482(2)
Subjects
- anticipatory bail
- assault
- sharp cutting weapon
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9431 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Ashok Srivastava @ Vishwa Deepak Kumar S/o Late Bangali Srivastava @
Bangali Doctor @ Sirish Chandra Deb R/o Vill- Bakhraur Panchapatiya, P.S-
Barauli, Dist- Gopalganj, Presently residing at 1st ward, Hulla Lingapur, P.S.-
Munirabad Rural, Distt.- Kopal, Karnataka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Binod Kumar
For the informant : Mr. Javed ASlam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 28-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Barauli P.S. Case No. 168 of 2025 dated 09.06.2025
registered under Section 126(2), 115(2), 117(2), 109(1), 303(2),
351(2), 351(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. As per the first information report on 06.06.2025 at
about 2:00 O’ Clock the nephew of the informant Umar Farooq
aged about 16 years went to the mango orchard and saw that the
petitioner along with other accused person was there in the
mango orchard with an intention to pluck mango. On protest,
they started abusing. The co-accused Situ Srivastava and the
petitioner assaulted the nephew of the informant by iron rod and
Patna High Court CR. MISC. No.9431 of 2026(3) dt.28-04-2026
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sharp cutting weapon ‘farsa’. The allegation against the
petitioner is that he assaulted the nephew of the informant by
means of ‘farsa’.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to dispute
regarding orchard. As per the F.I.R. the petitioner as well as Situ
Srivastava assaulted the informant’s nephew on the head
through sharp cutting weapon and iron rod. The allegation
against Situ Srivastava is that he assaulted the informant’s
nephew with iron rod on his head. The injury caused to the
informant’s nephew is by a hard and blunt substance and not by
a sharp cutting weapon. Situ Srivastava was taken into custody
and has been granted bail.
5. On the other hand, learned counsel for the
informant vehemently opposed the prayer for anticipatory bail
and submits that there is specific allegation against the
petitioner as well as the co-accused Situ Srivastava that both
assaulted informant’s nephew on his head by ‘farsa’ and iron rod
respectively.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that allegation against
the petitioner is that he assaulted the nephew of the informant
Patna High Court CR. MISC. No.9431 of 2026(3) dt.28-04-2026
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by ‘farsa’ but no prima facie injury caused by ‘farsa’ has been
found on the head of the victim and the victim has sustained
lacerated wound on his head caused by hard and blunt
substance, accordingly, I am inclined to grant anticipatory bail
to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Miss
Uzma Quamar, learned Judicial Magistrate-1st Class, Gopalganj
in connection with Barauli P.S. Case No. 168 of 2025
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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