IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12967 of 2009 NAKUL YADAV Versus STATE OF BIHAR ----------- 02/ 17.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 307 of the Indian Penal Code as well as section 27 of the Arms Act. Learned counsel for the petitioner submits that the informant is a constable, whereas the petitioner is an A.S.I. in R.P.F. The allegation is that the petitioner fired a shot by his service revolver at the informant, but learned counsel for the petitioner states that the shot of the revolver only scratched the nose of the informant and there is no serious injury. Learned counsel for the petitioner further submits that the evidence had clearly shown that the petitioner did not intentionally fire rather some witnesses said that he was fiddling with his revolver whereas some said that he was showing to the constable how to operate the revolver and in course of that it was accidentally fired. Learned counsel for the petitioner also avers that realising the said aspect of the matter the informant himself filed a compromise petition in the case. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Nakul 2 Yadav shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Ara in connection with Ara Rail P.S. Case No.21 of 2007 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)