IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36497 of 2009 BIRENDRA YADAV @ MISTER YADAV S/O PADAV YADAV, RESIDENT OF VILL.GOSPUR P.S. SALKHUA DIST.SAHARSA… …PETITIONER Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhashkar Shankar, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 3 10.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 307, 379, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that the case, as set out in the first information report, is that there was dispute with regard to certain land and due to sudden outburst, there had been some altercation, for which there is a case and a counter case. There is allegation against about 12-15 persons variously armed with lathi and firearms of assaulting the side of the informant. It is submitted on behalf of the petitioner that co-accused Surendra Yadav and Rabindra Yadav have been granted bail by a Bench of this Court. Learned counsel for the State submits that there 2 is direct allegation against the petitioner, Birendra Yadav, of firing from rifle, due to which the informant received injury in his stomach. The injury report goes to suggest the injury sustained by the informant as grievous in nature. Having regard to the facts and circumstances of the case and specially the fact that the petitioner is the person, who had fired from his rifle upon the informant causing grievous injury to him, I am not inclined to enlarge the petitioner on bail for the present. This application is, accordingly, dismissed at this stage. However, it will be open to the petitioner to renew his prayer for bail after completion of one year in judicial custody. SC ( Dr. Ravi Ranjan, J.)