IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18635 of 2011 Abdul Quadir, S/O-Md. Jamaluddin Versus The State Of Bihar & Ors ----------- 04 05.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 05.03.2011 in a case registered under Sections 302, 120 (B)/34 of the Indian Penal Code and 27 of the Arms Act. Allegedly, petitioner opened fire causing firearm injury to one Md. Shabban Alam @ Faiz Alam and some other persons. The aforesaid Md. Shabban Alam @ Faiz Alam died on the spot. The first information report itself demonstrates that firearm was handed over by one Md. Nurain to the petitioner and when the alleged occurrence took place, an orchestra party was going on. It is the case of the prosecution that petitioner made firing at the direction of aforesaid Md. Nurain to show their superiority in the society. The contention of learned counsel for the petitioner is that even if, the prosecution story assumed to be true, then also, no case under Section 302 of the Indian Penal Code is made out and, as a matter of fact, the deceased as well as other injured sustained firearm injury accidentally and there was no intention of the petitioner to commit the murder of any person. To substantiate the aforesaid contention, he filed order dated 10.08.2011 passed in Cr. Misc. No. 19832 of 2011 as well as 2 one unreported judgment passed in Criminal Appeal (SJ) No. 966 of 2006. On the other hand, learned Additional Public Prosecutor as well as learned counsel appearing on behalf of the informant submitted that the petitioner opened fire towards the crowd and the aforesaid act of the petitioner clearly indicates that petitioner had intention to commit murder as well as knowledge that his act may put the life of someone in danger. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 38 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)