IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35045 of 2010 Dharmendra Singh, Son of Sri Anooplal Singh, resident of Village Salarpur, P.S. Parbatta, District Khagaria………………………………….………Petitioner Versus The State Of Bihar……………………………..Opposite Party ----------- 2 07.10.2010 Heard learned senior counsel for the petitioner as well as learned counsel for the State. The case is under Section 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. For an occurrence dated 06.12.2007, first information report was instituted on 21.12.2007 in which it was alleged that the petitioner had resorted to firing on the informant and explanation for delay given in the F.I.R. is that during the said period, informant was unconscious. Learned senior counsel for the petitioner refers to the injury report of the informant, as contained in Annexure-2, which was prepared on 07.12.2007 i.e. the next day of the occurrence, wherein it is mentioned that the informant was fully conscious. He submits that the injury report does not show that any injury of fire-arms was received by the informant. It is stated that petitioner is in custody since 02.07.2010. It is also 2 submitted that the alleged dispute was on account of uprooting Kalai crop. Considering the above facts and circumstances and, particularly, considering the injury report and the delay caused in institution of the case, this application is allowed. Let petitioner (Dharmendra Singh) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge III, Naugachhia (Bhagalpur) in connection with S. T. No.913/10 arising out of Bihpur P.S. Case No.346/2007 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)