IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23693 of 2009 VINAY KUMAR SINGH @ MUNNA SINGH Versus STATE OF BIHAR ----------- 04/ 07-11-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the informant. The petitioner is an accused in Islampur P.S. Case No. 53 of 2009 for offences punishable under Sections 504, 323 and 307 of the Indian Penal Code and Sections 25(1-B) a, 26 and 27 of the Arms Act. Petitioner is alleged to have fired upon the informant and his father which somehow missed. It is further alleged that thereafter the petitioner assaulted the informant by the butt of the pistol causing him grievous injury on the head. It is alleged that petitioner was apprehended on the spot by the villagers together with the arms and live cartridges and handed over to the Police. Learned counsel appearing on behalf of the petitioner submits that the entire occurrence is by reason of land dispute and in which altercation has resulted in injuries to either side which has also been placed on record. He further submitted that there was no intention to kill the informant or his father as is evident from the F.I.R. itself, where the allegation is of firing by - 2 - the petitioner and missing the target and thereafter there is no repetition of firing rather the allegation is of assaulting the informant by the butt of the pistol. Learned counsel for the informant submits that the petitioner has a criminal antecedent and in support of his submission, has brought on record charge sheet submitted in two cases arising from Islampur P.S. Case No. 27 of 2003 and Islampur P.S. Case No. 33 of 2009 and thus opposes the prayer for bail of the petitioner. Learned counsel appearing for the State also with reference to the paragraphs of the case diary, opposes the prayer for bail. Considering the facts and circumstances, let petitioner Vinay Kumar Singh @ Munna Singh 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 of learned Additional Chief Judicial Magistrate, Hilsa in connection with Islampur P.S. Case No. 53 of 2009 subject to the condition that the petitioner would be attending the court below on each every date fixed and if he fails to attend the court below on two consecutive dates, the learned court below would be at liberty to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, J.)