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Patna High Court

Ashok Srivastava @ Vishwa Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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