IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.942 of 2011 BHUTTI YADAV Versus THE STATE OF BIHAR ----------- 4 19.05.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Bairia P.S. Case No. 149/2010 registered under Sections 147, 148, 149, 341, 323, 337, 307, 379 and 302 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, West Champaran at Bettiah. The accusation against the petitioner and one Chandi Yadav is to have assaulted with the butt of the pistol and farsa on the head of the informant. The scuffle took place with regard to the land dispute. It appears that the occurrence took place on 16.08.2010 when the F.I.R. was registered on 19.08.2010. There is counter version of the occurrence also. The fardbeyan was recorded on 16.08.2010 which got registered on 18.08.2010. It further appears that on the date of occurrence, the victim was taken to M.J.K. Hospital, 2 Bettiah from where he was referred to P.M.C.H., where he died ultimately on 13.08.2010. It is submitted by the learned counsel for the petitioner that the inquest and postmortem was done at Bettiah on 13.08.2010 when sharp cut injury was foundon the neck which somehow cloud the prosecution version as recorded in the First Written Report. It is further submitted that the injuries or the treatment report of the P.M.C.H is not available in the case diary. The said fact has not been controverted by learned counsel for the State. Both parties are agnates. It is submitted by the learned counsel for the informant that there is accusation against the petitioner to make assault. Considering the fact that the accusation is not being corroborated by postmortem which reflects the death within 10 to 12 days of the postmortem whereas, the victim died after 16 days of the postmortem, non availability of the medical report of the P.M.C.H on record, the bona fide land dispute and the counter version of the occurrence also, this is a fit case for 3 grant of regular bail. Let the learned court below consider the regular bail of the petitioner preferably on the same day if the petitioner surrenders within a period of four weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)