IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20692 of 2010 DHARMENDRA KUMAR, S/O Ajab Lal, R/O Vill. Srichandrapur, P.S. Harnaut, Distt. Nalanda …….Petitioner Versus STATE OF BIHAR O.P. ----------- For the petitioner: Mr. Ajay Kr. Thakur, Advocate For the State: Mr. R.P.S.Singh, A.P.P. 2 17.06.2010 Heard the parties. In a criminal prosecution for an offence under Section 307 of the Indian Penal Code as also under Sections 25(1-B) (a)/ 26/27 of the Arms Act, though, petitioner is named in the first information report as an accused, but from the perusal of FIR vide Annexure-1 it appears that he prevented certain lads of the Mohalla from playing cricket near his house and when the boys did not accede to his advice, then he is alleged to have fired from a pistol but nobody sustained injury. By referring to Annexure-2 series, the medical prescriptions, learned counsel for the petitioner submits that as a matter of fact he is mentally unsound and was treated by Neuropsychiatrist at Kanke. It is further submitted that there does not seem to be mens-rea on the part of the petitioner for committing the crime punishable under Section 307 of the Indian Penal Code. On arrival of the police the petitioner was found present there and from his possession only one live cartridge was ceased. From the facts stated above it is apparent that the entire occurrence has taken place on a very trivial issue and petitioner is stated to be in judicial custody since 15.5.2010. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of - 2 - C.J.M., Biharsharif, Nalanda in connection with Harnaut P.S. Case No. 95/10. ( Birendra Prasad Verma, J. ) M.Rahman