IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12098 of 2011
Irfan Irani @ Irfan Arni, S/O-Late Md. Yusuf
Versus
The State Of Bihar
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03 15.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Admittedly, informant is not an eye-witness of the
alleged occurrence rather she came to know about the alleged
occurrence on the basis of a document which is said to be written by
the injured but the aforesaid document is not on the case diary.
Furthermore, in course of investigation, when Investigating Officer
went to record the statement of injured, it is stated at Para-31 of the
case diary that again the injured wrote about the incident disclosing
this fact that this petitioner had opened fire on him as a result of which
he sustained injury on his neck. Although, the above stated facts have
specifically been mentioned at Para-31 of the case diary but it is
surprising enough that the aforesaid document has not been attached
by the Investigating Officer with the case diary.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, let the petitioner be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.
152 of 2010.
SHAHZAD ( Hemant Kumar Srivastava, J.)