IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10276 of 2011
NAWLESH YADAV SON OF DOMAN YADAV.
Versus
THE STATE OF BIHAR
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2 20.04.2011 Heard learned counsels for the petitioner and
the State.
The petitioner being the co-villager of the
informant is apprehending his arrest in a case registered
under Sections 341, 323 and 307/34 of the Indian Penal
Code and Section 27 of the Arms Act.
The accusation against the petitioner is to
have caused firearm injury.
It is submitted that the petitioner was also
accompanied by another persons.
It is further submitted that the occurrence
took place on 18.12.2010 at 8.00 PM in the night
whereas, the fardbeyan was recorded on 19.12.2010 at
9.30 AM in Sadar Hospital, Lakhisarai, which was
registered as a police case on 19.12.2010 at 3.30 PM.
The injury report reflects one injury on the left elbow
joint. The victim received injury on 18.12.2010
whereas, he was examined by the doctor on 19.12.2010
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and thereafter, the fardbeyan was recorded.
Such a delay in medical examination of the
informant and lodging of the F.I.R. cloud the bona fide
of the accusation.
Considering the aforesaid submissions, let
the above named petitioner, be released on anticipatory
bail, in the event of his arrest or surrender before the
learned Court below within a period of 12 weeks from
today, on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial
Magistrate, Lakhisarai in connection with Chanan P.S.
Case No. 65/2010, subject to the conditions as laid
down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J.)
Amrendra/-