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.
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, the Court finds that as per the allegation, there is a specific allegation of assault by bamboo stick on the body against petitioners…”It was further added,”… 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 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.” The petition was hence disposed of on the terms and conditions of bail bonds.