IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9263 of 2010 LALABABU PRASAD @ LAL BABU PRASAD S/o Jagdeo Prasad resident of village Nesra P.S. Karai Parsurai Dist. Nalanda Petitioner Versus STATE OF BIHAR Opp. Party ----------- 05/ 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 3.11.2009 in a case registered under sections 307/34 and other allied sections of the Indian Penal Code as well as 27of the Arms Act. It is alleged against the petitioner that the petitioner caused fire arm injury to the son of the informant. It is submitted by learned counsel for the petitioner that the petitioner being agnate has land dispute and in a spur of moment the occurrence has taken place. Moreover the petitioner has not repeated the blow and the petitioner has no criminal antecedent and a statement to that effect has been made in paragraph 14 of the petition. Learned counsel for the State has brought on record the injury report which suggests two injuries, out of which injury no.1 is grievous and injury no.2 is simple. But the injury report does not suggest that it has been caused by fire arm since x-ray plate was not available. Considering the period in custody and the admitted land dispute, let the petitioner be released on bail in connection with Hilsa (Karai Prasurai) P.S. Case no. 164 of 2009 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, - 2 - Nalanda. It is made clear that trial court will consider to cancel the bail bond of the petitioner if he fails to appear on three consecutive dates. shahid (Dinesh Kumar Singh,J))