IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25604 of 2009 BIBHUTI PANDEY @ BIBHUTI NARAYAN PANDEY, S/O SRI LAKSHMAN PANDEY, R/O VILLAGE-EJRA, P.S.-KATEYA, DISTRICT- GOPALGANJ. …………PETITIONER. Versus THE STATE OF BIHAR …………OPP. PARTY. ----------- 2 06.10.2009 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. Case is under sections 307, 447 and 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act. Allegation against the petitioner is of having fired with the country made pistol on the informant causing fire arm injury on his palm. It appears that there is a case and counter case and incident happened due to land dispute. Petitioner is in custody since 1.3.2009. Considering the circumstances leading to the incident, case and counter case and incarceration of the petitioner, this application is allowed. Let petitioner Bibhuti Pandey @ Bibhuti Narayan Pandey be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount - 2 - each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S.Case No. 39 of 2009 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. Arvind/ (J. N. Singh, J.)