IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.43755 OF 2008 PRADEEP KUMAR YADAV, SON OF LATE BALIRAM PRASAD YADAV, RESIDENT OF VILLAGE BIJBANI, POLICE STATION GHORASAHAN (JITNA), DISTRICT EAST CHAMPARAN, MOTIHARI VERSUS STATE OF BIHAR ******* 2 28.11.2008 Heard learned counsel for the petitioner, learned counsel representing the State and learned Counsel appearing on behalf of the informant. The petitioner seeks bail in a case which has been registered under Section 307 and some other sections of the Indian Penal Code and 27 of the Arms Act. It appears that on 2nd April, 2007 some persons have assembled as on the date some selection for the post of Aanganbari Sevikas etc. On that date, CDPO came and the persons present there called that the meeting should be convened to another place because places were available and the place where the meeting was being held was opened and due to summer, this request was made. Allegation is that due to this, the petitioner fire from his country made rifle which caused injury in the knee of the informant. Others also fired. Submission is that there is case and counter case. Counter case has also been lodged under Section 307 and some other sections of the Indian Penal Code. That case was lodged prior to the present case. The injury - 2 - report which is Annexure-3 shows that the injury was simple. There is no premeditation or repetition. So, Section 307 of the Indian Penal Code is not attracted. Prayer for bail is opposed by learned Counsel appearing on behalf of the informant. Considering the facts and circumstances of the case, the petitioner Pradeep Kumar Yadav is directed to be released on bail in Ghorasahan (Jitna) Police Station Case No. 55 of 2007 on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikarhana at Motihari. Anand (Shyam Kishore Sharma, J.)