Amar Nath Choudhrya vs State Of Bihar on 1 March, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CR. APP (SJ) No.206 of 2010
                            AMAR NATH CHOUDHRYA
                                        Versus
                                 STATE OF BIHAR
                                      -----------

3/ 1.3.2011 Heard learned counsel for the parties on the prayer for

bail of the appellant, on receipt of the lower court records.

The allegation is that he poured acid on the person of

the informant, Nand Kishore Rajak, who was moving on road

by his motorcycle. The evidence of P.W. 7, Dr. Raja Ram

Prasad, discussed at pages 5 and 6 of the judgment, indicates as

if the vision of the informant has been impaired. The

seriousness of the injury has been stated by P.W. 4 Dr. Om

Prakash Choudhary, who has stated that the injured had to be

referred to AIIMS, New Delhi for specialized treatment.

The contention was that in spite of the appellant being

arrested on spot, no case was registered immediately and the

statement of the victim was recorded in P.M.C.H. The evidence

of P.Ws 8 and 9, who are officers who had investigated the case

and who, in fact, had been handed over the custody of the

accused, may explain as to what was the reason for not

registering a case. P.W. 8, the officer who was handed over the

custody of the appellant, stated that considering the seriousness

of the act and the injury, he rushed the injured to PMCH for

getting him treated and, as such, was not drawing up the FIR.

Regard being had to the evidence on record, the court

is not inclined to direct release of the appellant on bail. Prayer
2

for bail is rejected.

Anil/                               ( Dharnidhar Jha, J.)