IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.294 of 2011 SAKEN YADAV, son of Bisheshwar Yadav Versus THE STATE OF BIHAR ----------- 2 03.02.2011 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is languishing in jail custody since 28.5.2010 in connection with Sahebpur Kamal P.S. Case No. 112 of 2010 registered under Section 307 and other minor Sections of the I.P.C. and 25(1-b) A 26 and 27 of the Arms Act. It would appear from perusal of the F.I.R. that a childish quarrel took place between the parties and, thereafter, both parties started pelting bricks and stones against each other, and in that course, petitioner went running into his house, brought a gun and opened fire causing firearm injury on the thigh of informant’s son. The contention of learned counsel for the petitioner is that the alleged occurrence took place on account of childish quarrel and as a matter of fact the injured did not sustain any firearm injury, rather he got manufactured injury report from a private doctor. He further submits that even if the allegation of making fire assumed to be true then also, the thigh is not a vital part of the body and the petitioner is in jail custody since long. From perusal of impugned order of learned Additional 2 Sessions Judge it would appear that the nature of injury has not been given by him, in the aforesaid impugned order. The photo stat copy of injury report has been filed on behalf of the petitioner with supplementary affidavit and in the aforesaid injury report also the nature of injury has not been given. Considering the facts and circumstances as well as period of detention of the petitioner in jail custody petitioner, namely, Saken Yadav is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of Additional Sessions Judge, 2nd, Begusarai in connection with Sessions Trial No.113 of 2010 arising out of above stated Sahebpur Kamal P.S. Case No. 112 of 2010. PN ( Hemant Kumar Srivastava,J.)