IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12397 of 2009 MOTI YADAV @ MOTI LAL YADAV,son of Sri Bhogendra Yadav,resident of village- Chandrawana,P.S.-Patauna(Bisfi), District-Madhubani. Versus STATE OF BIHAR ----------- 02/ 23-04-2009 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-1 of this petition. Heard learned counsel for the petitioner and the State. Enmity is between the parties for the land dispute. Petitioner has been alleged to have shot fired, whose pistol was caught and handed over to the police. According to the learned counsel it was the informant and his party men who have handed over the pistol of their possession making allegation recovered from the petitioner, even then recovery is from a private public and the offence which made out is bailable, though recovery is not at all from the petitioner’s possession. If the possession is found of the informant that is part of the act of the informant and certainly liability can be fixed upon the person who was in real possession of the fire arm either private public or the informant. In the facts and circumstances of the case, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Bisfi P.S.Case No.297/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction 2 of the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )