IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23972 of 2011 Ashok Mahto Versus The State Of Bihar ----------- 03/ 14.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 30.3.2011 in case registered under section 307 and other minor sections of the IPC and 27 of the Arms Act. There is specific allegation against this petitioner that he opened fire as a result of which informant sustained injury on his right chest and bullet came out from his back of scapular region. It is surprising enough that when the injured was examined first by one Medical officer, Primary Health Center, Rupauli, he found two injuries on the person of the injured and opinioned that the aforesaid injuries were simple in nature and caused by hard and blunt substance. The injured came to Sadar hospital, Purnea where his treatment was done and his injury was found to be caused by fire arms. Considering the above stated facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Tikapatti P.S. Case no.16/2011 corresponding to Sessions Trial no.594/2011 is, hereby, rejected. The Superintendent of Police, Purnea should enquire into - 2 - the matter as to whether the aforesaid Medical officer of Primary Health Center, Rupauli has issued proper injury report or not and if it is found in course of enquiry that the aforesaid Medical officer has issued the above stated injury report in connivance with the accused of Tikapatti P.S. Case no.16/2011, then S.P. Purnea should take legal action against the Medical officer in accordance with law. Let a copy of this order be sent to S.P, Purnea for needful. shahid (Hemant Kumar Srivastava,J)