IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32031 of 2011 Sanjay Tiwari son of Deo Bansh Tiwari, resident of village- Maniari, Police Station- Kargahar, District-Rohtas …Petitioner Versus The State Of Bihar …OP ----------------------- 3/ 13.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307/34 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioner is that when the informant’s son went to demand his earlier dues from him he was shot at on the chest due to which he sustained fire arm injuries. The petitioner submits that the informant is not an eye witness and the statement of the injured made later on is at variance with the earlier statement given in the fard beyan since he has sought to implicate other persons as well. On the other hand, counsel for the informant submits that it was quite natural that an injured would have given only a cryptic statement confining his allegation to the main accused. Further submission of the informant is that the case has now been committed to the Court of Sessions. Considering the nature of allegation, I am not inclined to grant bail to petitioner. Prayer for bail is rejected. However, he may renew his prayer for bail after the injured is examined in the case. Counsel for the informant undertakes that he will 2 produce the injured as a first witness. The Trial Court shall also ensure that the injury reports of the injured are procured from Dr. Ram Manohar Lohia Hospital, New Delhi, if the same is not already on record for the interest of justice as provided under section 311 Cr. P.C. JA/- (Anjana Prakash,J.)