H.C.MISHRA,J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) PETITIONER has been made accused for the offence under Sections 147/148/ 149/323/326/307/302 of the Indian Penal Code and 27(1) of the Arms Act in connection with Deoghar (Kunda) P.S. Case No. 160 of 2012, corresponding to G.R. No. 548 of 2012. According the FIR, it is alleged that there was an accident in which two persons were injured, who were brought to Sadar Hospital, Deoghar, from where one of them was referred to the nursing home of the petitioner in the late nights. It is alleged that when the injured was taken to the nursing home of the petitioner by his friends and family members, the door was' not being opened and they were knocking the doors' and even the ambulance driver was blowing the siren of the ambulance. Thereafter, it is alleged that the petitioner Came to his window and started talking on mobile phone, whereupon the police came, there. In the meantime the injured was taken to the ICU, but it is alleged that there was some connotation, in which, the petitioner who was armed with gun, fired point blank, injuring one Sanjeev Mishra, who subsequently died.
(3.) FROM the FIR and from the case diary, it appears that there are two facets of the prosecution story. According to the first story, it is the petitioner who had fired point blank upon the deceased, who subsequently died, but according to the other story, there was a connotation in the nursing home of the petitioner in' which, the friends and family members of the injured victim had committed mischief in the nursing home of the petitioner, during which someone fired the gun, which hit the deceased.;