IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16865 of 2011 Anjay Giri, son of Late Bikrama Giri, resident of village- Parsa Semra, P.S. Manuapool, District-West Champaran. ……………………………………………………..Petitioner. Versus The State Of Bihar……………………….Opposite Party. ---------------------------------- 4. 19.10.2011. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Yogapatti P.S. Case No.85 of 2009 registered under Sections 147, 148, 149, 448, 307 and 302 of the Indian Penal Code besides Section 27 of the Arms Act. Learned counsel for the petitioner submits that the land of the brother of the petitioner was situated near the house of the informant and some dispute had taken place there and due to that reason the petitioner has been falsely implicated in this case by the informant. It has also been submitted that, in fact, one month prior to the alleged occurrence the left kidney of the petitioner was removed for which he was hospitalized in Sir Ganga Ram Hospital, New Delhi since 16.4.2009 to 21.4.2009. In support of the aforesaid submission, a copy of the Discharge Summary 2 and Money Receipt have been annexed as Annexure-‘3’ to this application. It has also been contended that the petitioner was not in a position to move freely anywhere on the alleged date and time of occurrence. Learned counsel for the petitioner further submits that while the allegation of firing has been made in the F.I.R. against the petitioner and the co-accused, Gauri Shankar Mahto, entering into the Varamdah of the informant at the father of the informant and his daughter, sleeping with him, who also sustained injury but from the post-mortem report of the deceased, it appears that only one injury was found on the dead body of the deceased. Learned A.P.P. for the State while opposing the prayer of the petitioner for bail submitted that in the post-mortem report of deceased, Rameshwar Prasad Kushwaha, there is only one firearm injury on the chest of the deceased of which the exit was on the back. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief 3 Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No.85 of 2009. P.S. (Rajendra Kumar Mishra, J)