Sudil Yadav @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40248 of 2015 Arising Out of PS.Case No. -78 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Sudil Yadav @ Sudhir Kumar, Son of Nande Singh, resident of village - Laxmanpur, P.S. Bakhtiarpur, Distt. - Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in connection with a case registered for the offences under Section 307/34 and other allied Sections of the Penal Code and 27 of the Arms Act. He is named in the First Information Report as Accused No. 2 and overt act of causing injury by firearm to the informant is attributed to him.

Learned counsel for the petitioner however, submits that the present case has been lodged only by way of defence to the earlier case filed by the petitioner and in retaliation to the allegations made in the said case. Although the informant of the present case has not suffered any firearm injury, which can be

Patna High Court Cr.Misc. No.40248 of 2015 (2) dt.07-10-2015 2/2 established from perusal of his injury report, but certified copy of the same having not been obtained by the petitioner, this Court may call for the case diary to verify the same. Instead of calling for the case diary, I direct the petitioner to surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the court below and ask the court below to call for the case diary, original injury report and verify from the diary as to whether informant of the present case has suffered any firearm injury as alleged in the First Information Report.

Necessary verification be made by the court below within a period of two weeks from the date of receipt/ production of a copy of this order and until then no coercive steps be taken against the petitioner in connection with Bakhtiarpur P.S. Case No. 78/14. In the event, injuries, as alleged, are not found on the person of the informant in the injury report, the court below shall grant the petitioner regular bail, otherwise deal with the matter in accordance with law. This petition is, accordingly, disposed of.

(V.N. Sinha, J) Rajesh/- U T