IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17042 of 2009 JITENDRA YADAV @ DHARBENDRA YADAV Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard Sri Arjun Prasad No.2, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case is under Section 307 of the IPC and the allegation is that the petitioner fired a shot which missed the target. The contention is that there is a case and counter case between the parties for which a writ petition has also been filed in this Court. It was further contended that the offence under Section 307 IPC is not attracted. I direct the S.D.J.M., Biraul at Benipur to consider the above argument on maintainability of the offence as has been contended before this Court in that regard. The court below shall also consider that there is a serious dispute with a certain land and that it is the firm stand of the petitioner. The petitioner has been vending his opposition against the illegal acts of the informant on occupying public land illegally. Above all, the court below shall consider that there was no injury to any one by the act of the petitioner and - 2 - shall consider the prayer for bail of the petitioner when he surrenders and prays for it before him in connection with Kusheshwar Asthan P.S. Case No. 197 of 2008. This petition is disposed of. DKS/ (Dharnidhar Jha, J.)