IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37743 of 2009 CHANCHAL YADAV S/O LATE SIDHESHWAR PRASAD @SIDHESHWAR YADAV, R/OVILL DEVCHAND BIGHA, P.S. DHANARUA, DISTT- PATNA… …PETITIONER Versus THE STATE OF BIHAR … ..OPPOSITE PARTY For the Petitioner: Mr. S.D. Yadav, Advocate For the State: Mr. R.P.S. Singh, A.P.P. For the Informant: Mr. P.C. Yadav, Advocate ----------- 5 17.12.2009 Heard learned counsel for the petitioner, the State and the Informant. The petitioner is an accused in a case registered under sections 326, 307 and 504/34 of the Indian Penal Code and section 27 of the Arms Act. As per the allegation set up in the first information report, due to the damage of the ―Dholak‖, the dispute had arisen and it has been alleged that the petitioner and his brother Raju started firing from his roof- top upon the informant side. It is further alleged that the petitioner’s shot hit the brother of the informant, Tuntun Kumar. It is submitted on behalf of the petitioner that in fact, two fardbeyans have been recorded – one by Sub- Inspector of Dhanarua Police Station, who had recorded the fardbeyan of the brother of the injured and the FIR had 2 been drawn up on that basis and the fardbeyan of the injured had also been recorded by the Kankarbagh Police in Shri Ram Hospital, Patna. The injured had stated that in fact, the gun shot fire of co-accused Raju had hit him, due to which he had sustained injury in his chest. Thus, it is stated on behalf of the petitioner that there are two versions—one is that the petitioner had caused gun shot injury, as per the informant, whereas the injured had stated that co-accused Raju had inflicted gun shot injury upon him. The petitioner is stated to be in jail custody since 20.05.2009. Learned counsel for the informant submitted that only one fardbeyan can be recorded in a case and there is no evidentiary value of the fardbeyan of the injured, which had been recorded by the police after the previous one. It is further stated that according to the materials, collected during the course of investigation by the Investigating Officer of Dhanarua Police Station Case, the injured had stated that this petitioner’s gun shot fire had caused injury upon him. Affidavit sworn by the ASI of Kankarbagh Police Station, who had recorded the statement of the 3 injured in the Shri Ram Hospital, Patna, has been filed today. It has been categorically stated that upon the information from the Shri Ram Hospital, Patna, he was instructed to go and record the statement of the injured. A copy of the statement is also appended as Annexure B to the affidavit filed by the State. It is clear therefrom that the injured, Tuntun Kumar, has stated that co-accused Raju had inflicted firearm injury upon him. However, it is submitted by learned counsel for the State that the same person appears to have stated before the Dhanarua Police Station during the course of investigation that actually, this petitioner had caused injury upon him. Thus, it is submitted by learned counsel for the petitioner that there are three versions of the aforesaid occurrence. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Chanchal Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Masaurhi, in Dhanarua Police Station Case No. 74 of 2009. SC ( Dr. Ravi Ranjan, J.)