IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10609 of 2009 NAGENDRA PRASAD, son of Late Chandradeo Prasad, resident of village Ujhilpur, P.S. Rajepur, District East Champaran Versus STATE OF BIHAR ----------- 02/ 19.05.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with 16 others and it is submitted on his behalf that the occurrence took place on 27.10.2008, but the present FIR was lodged on 1.11.2008 i.e. after five days of the occurrence and in the counter case lodged on the date of occurrence itself vide First Information Report, Annexure-2, two deaths took place in the side of the petitioner. It is also submitted that the injuries suffered by the injured of the present case, as is evident from Annexure-4, the injury report granted by Krishna Medical College and Hospital, Muzaffarpur, do not corroborate the prosecution case as set out in the First Information Report, Annexure-1 that the injured of the present case suffered gun shot. Let the aforesaid submission be noticed by the court below, provided petitioner surrenders in the court of S.D.J.M., Sikrahna, Motihari in connection with Rajepur P.S. Case No. 66 2 of 2008 within four weeks from today and if the court below is satisfied that Prahlad Bhagat, who is injured of the present case, did not suffer any gun shot then appropriate orders be passed. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)