IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35992 of 2009 ABHAY YADAV son of Late Kapleshwar Yadav, resident of Village-Galfariya, police Station Bakhtiyarpur, District-Saharsa. Versus STATE OF BIHAR ----------- 3 17/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 147,148,149 and 307 of the Indian Penal Code as also section 27 of the Arms Act. His defence, however, for the purpose of bail is that the alleged fire arm injury did not hit any person and as such false implication of the petitioner cannot be ruled out. Counsel would also explain that the petitioner had only one case pending against him till institution of this case and in that case he has already been released on bail. In the opinion of this Court, though there is no requirement of law there being an injury to constitute an offence under section 307 of the I.P.C. but in the given facts of this case where the Informant is said to be attacked by three to four persons, all armed, the fact that the seven round of firing allegedly resorted to by them, from a close range did not result into any injury on the informant would itself weaken the allegation against the petitioner who claim to have been roped in this case on 2 account of the previous enmity arising out of the land dispute and the village politics. This Court, however, would find that the petitioner now has an increasing tendency for getting involved in the similar type of offences, inasmuch as, after institution of the present case the petitioner has been made accused in Salakhua P.S. Case No. 131 of 2009 dated 25.6.2009 for the offence under sections 302/201/120B of the I.P.C. and section 27 of the Arms Act. This Court therefore while directing the petitioner, namely, Abhay Yadav, to be released on bail would now make it clear that if the petitioner henceforth is made accused in any further criminal case his present bail shall stand cancelled. With the aforementioned conditions the petitioner, namely, Abhay Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Bakhtiyarpur P.S. Case No.85 of 2009 in which one of the bailer of the petitioner must be his close family member preferably either of the parents. Abhay Kumar (Mihir Kumar Jha, J.)