IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1084 of 2009 BABAN YADAV, S/o Bisundeo Yadav, R/o Village – Purainea, P.S. – Kinzer, Distt. – Arwal (Jehanabad) ..... ………………………………………………Petitioner Versus THE STATE OF BIHAR ..………….. Opposite Party. ----------- For the Petitioner:- Mr. Paras Nath, Advocate. For the State:- Mr. Choubey Jawahar, A.P.P. For the Informant:- Md. Anjum Akhtar, Advocate. ----------- 3. 10.04.2009. Heard learned counsels for the petitioner, State and the informant. Petitioner is facing prosecution under Sections 324 / 326 / 307 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that even if the allegation is taken to be true, the occurrence was merely an accident and it has come in course of investigation that there was no previous enmity between the petitioner and the victim and, thus, no motive could be attributed upon the petitioner for the same. Further contention is that petitioner surrendered on 10.04.2008 and since then he is in jail custody. It is next contended that the criminal antecedent of the petitioner is clean. Learned counsel for the informant submits 2 that on account of the fire arm injury below the waist of the victim, he has been seriously injured. Learned counsel for the State also supports the contention of the informant. Considering the facts and circumstances of the case and in view of the submissions made on behalf of the parties, I direct the petitioner, namely, Baban Yadav to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the District & Sessions Judge, Jehanabad in connection with S.Tr. No. 386/08, arising out of Kinzer P.S. Case No. 20/08. dk ( Dr. Ravi Ranjan, J. )