IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35514 of 2010 BUTAN MANDAL Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Allegedly, the petitioner and other FIR named accused persons put Gamchha around the neck of one, Kailu Mandal and pulled the said Gamchha with intention to kill him. Furthermore, it is alleged that petitioner made firing in air. Learned counsel for the petitioner submits that the instant case has been lodged on account of land dispute and as a matter of fact, no such occurrence as alleged in the FIR did ever take place. He further submits that no doubt, the injured sustained grievous injury on his neck but as a matter of fact , the aforesaid injury report is manufactured and engineered by the doctor concerned. In this connection, he drew my attention towards this fact that the injured examined on 27.7.2008 but the injury report was written on 02.08.2008. Perusal of injury report (Annexure-2) reveals that injured Kailu Mandal has received multiple bruise and swelling (3” x 3”) over the ant part of the neck due to throttling of the neck leading to dysponoea (difficulty in breathing). The doctor has opined that the above said injury 2 is grievous in nature but I am unable to understand as to how the aforesaid doctor came to the above-said conclusion. Admittedly, the aforesaid doctor is Medical Officer of Primary Health Centre, Bhargama but he did not take pain to refer the aforesaid patient for better treatment. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, Butan Mandal shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhargama P.S. Case No. 89 of 2008 to the satisfaction of Chief Judicial Magistrate Araria subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)