IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41248 of 2008 1) Yogi Singh, son of Late Sukho Singh, 2) Sanjavin Singh, son of Nepo Singh, village Walipur PS Pipariya, Dist. Lakhisarai – Petitioenrs. Vs. 1) The State of Bihar, 2) Bathu Nandan Sharma, son of Shyam Nandan Sharma, Walipur, PS Pipariya, Dist. Lakhisarai – Opp. Parties. 2 28.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 18.8.2008 passed in S.C. No. 759/2006 by the Assistant Sessions Judge, Lakhisarai by which the petition for discharge has been rejected. Learned counsel for the petitioners submits that the occurrence took place on 26.10.2002 whereas the First Information Report has been instituted on 13.5.2003. The delay has been explained in the First Information Report by stating that the informant was badly injured and he was being treated in the hospital and was unconscious. After recovering he has filed the case. Learned counsel for the petitioners submits that the explanation given by the informant should not be accepted by the court as the person who was treated for a fire arm injury in any hospital or nursing home, it is expected that the concerned hospital or the nursing home should inform the police station regarding the treatment of such a patient. It is further submitted that the informant has not annexed any document regarding his treatment or 2 injury to support his case. All these aspects of the matter should be considered by the court below during the trial of the case. This application is dismissed. haque ( Sheema Ali Khan, J.)