IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4207 of 2011 AJAY RAI Versus THE STATE OF BIHAR ----------- 3 23.05.2011 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 07.08.2010 in connection with SC/ST P.S. Case No. 60 of 2010 arising out of Azimabad P.S. Case No. 8 of 2009 registered under Sections 147, 148, 149, 324, 307, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3(1) (x) of the SC/ST (Prevention of Atrocities) Act pending in the court of learned 1st Additional Sessions Judge, Bhojpur, Ara. The accusation against the petitioner is of causing firearm injury with rifle on the chest of Shree Prasad. It is submitted by the learned Sr. counsel for the petitioner that the family members' statement has been recorded in paragraph 5 and 11 of the case diary prior to the lodging of the F.I.R. but they have not 2 named the petitioner and in para 14 of the case diary, the fard beyan of the victim was recorded, there also, the name of the petitioner did not figure but next day of the occurrence the present F.I.R. was lodged in which it has been specifically alleged that the petitioner caused firearm injury to the one of the deceased. It is further submitted by learned Sr. counsel for the petitioner that the fard beyan of the family members ought to have been treated as First Information Report and the present F.I.R. in no way can be treated as First Information Report under Section 154 Cr.P.C. I am not expressing any opinion with regard to aforesaid contention of the petitioner, since it will prejudice the trial. However, if the trial is not concluded within a period of one year then the petitioner will be at liberty to renew the prayer. With the above observation, this application is, accordingly, disposed off. Amrendra/- (Dinesh Kumar Singh, J.) 3