Grievous Hurt doesn’t mandatorily amount to assault: High Court Of Patna

The Petitioner alleged to have grievously hurt the vendor granted bail by the High Court. The facts and circumstances showed that it was a trivial matter which was exaggerated by the informant. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter of Awasar Dewan v. The State of Bihar[CRIMINAL MISCELLANEOUS No. 3363 Of 2021].

The facts of the case were that the petitioners apprehend arrest in connection with Majhaulia PS Case No. 377 of 2020 under Sections 341, 323, 324, 379, 307, and 504 of the Indian Penal Code, 1860. It was alleged that the petitioners and others are of assault on the informant and his brother and specifically against petitioner no. 1 that he had taken 1 kg. of apple from the cart of the informant and when he refused to pay, he had abused him. he had taken away Rs. 4,000/- cash from the cart of the informant whereas, against petitioner no. 4, there is the only general and omnibus allegation of assault without any specific overt act attributed to him.

It was submitted by the petitioners that the allegations and issues are trivial in nature and have been blown out of proportion with mala fide intention. It also doesn’t amount to an assault. It was submitted that there is no other criminal antecedent of the petitioners. Further, it was submitted that even the injury suffered by the informant, though attributed to other co-accused is simple in nature. Learned counsel submitted that though the allegation of assault on the informant is specifically against petitioner no. 2, who is no more a petitioner herein, the same has resulted in damage in the skull and the CT scan of the brain, grievous injuries have been seen and found.

The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the nature of the allegations as also that the petitioners no. 1, 3 and 4 do not have any criminal antecedent, the Court is inclined to allow their prayer for pre-arrest bail.” The Court further added,” It shall also be open for the prosecution to bring any violation of the foregoing conditions by the said 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.” The petition was disposed of on the mentioned terms.

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Judgment Reviewed By Nimisha Dublish

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