IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23972 of 2011
Ashok Mahto
Versus
The State Of Bihar
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03/ 14.09.2011 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 30.3.2011 in case
registered under section 307 and other minor sections of the IPC and
27 of the Arms Act.
There is specific allegation against this petitioner that he
opened fire as a result of which informant sustained injury on his right
chest and bullet came out from his back of scapular region.
It is surprising enough that when the injured was examined
first by one Medical officer, Primary Health Center, Rupauli, he found
two injuries on the person of the injured and opinioned that the
aforesaid injuries were simple in nature and caused by hard and blunt
substance. The injured came to Sadar hospital, Purnea where his
treatment was done and his injury was found to be caused by fire
arms.
Considering the above stated facts and circumstances as
well as submissions of the parties, I do not feel it proper to release the
petitioner on bail.
Accordingly, the prayer for bail of the petitioner in
connection with Tikapatti P.S. Case no.16/2011 corresponding to
Sessions Trial no.594/2011 is, hereby, rejected.
The Superintendent of Police, Purnea should enquire into
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the matter as to whether the aforesaid Medical officer of Primary
Health Center, Rupauli has issued proper injury report or not and if it
is found in course of enquiry that the aforesaid Medical officer has
issued the above stated injury report in connivance with the accused of
Tikapatti P.S. Case no.16/2011, then S.P. Purnea should take legal
action against the Medical officer in accordance with law.
Let a copy of this order be sent to S.P, Purnea for needful.
shahid (Hemant Kumar Srivastava,J)