IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16694 of 2011
Dilip Yadav
Versus
The State Of Bihar
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3 01.07.2011 Heard learned counsel for the petitioner as well
as learned Additional Public Prosecutor for the state.
There is allegation against the petitioner and
other FIR named accused persons that they made
indiscriminate firing as a result of which, the informant
sustained fire-arm injury on several parts of his body. It
further appears that the fardbeyan of the informant was
recorded at PMCH, Patna on 06.12.2010 at 7.00 a.m. by the
S.H.O. Suresh Prasad of Balwahat O.P. and subsequently,
Bakhtiarpur (Balwahat O.P.) P.S. Case no. 299 of 2010 was
registered.
The contention of learned counsel for the
petitioner is that the informant did not receive any injury and
that is the reason, no injury report was produced before the
court which is evident from perusal of the impugned order as
well as this aspect of the matter that when the bail petition of
co-accused, Keshav Yadav was considered by another
bench of this court, the injury report of informant was not
produced before that corut also resulting grant of bail of co-
accused, Keshav Yadav vide order dated 01.06.2011
passed in Cr. Misc. No. 14254 of 2011.
It is surprising enough that the fardbeyan of the
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informant was recorded at PMCH, Patna and it is the
specific statement of the informant that he had sustained
fire-arm injury at the hands of petitioner and other co-
accused but in spite of that, the I.O. did not obtain the injury
report of the informant and without collecting the injury
report of the informant, submitted charge sheet as pointed
out by learned counsel for the petitioner.
In the aforesaid circumstances, let the case diary
of Bakhtiarpur ((Balwahat O.P.) P.S. Case No. 299 of 2010
be called for, from the court of Chief Judicial Magistrate,
Saharsa and furthermore, learned Chief Judicial Magistrate,
Saharsa shall obtain the injury report of informant of this
case by bringing the aforesaid facts to the notice of
Superintendent of Police, Saharsa and also taking
assistance of Superintendent of Police, Saharsa for
obtaining the injury report of informant and furthermore,
Chief Judicial Magistrate, Saharsa shall submit the injury
report as well as case diary of this case within 20 days from
the date of receipt of the order.
List the matter after receipt of the case diary and
injury report of the informant.
AKV/- ( Hemant Kumar Srivastava,J.)