IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42743 of 2010 1.BALMIKI YADAV son of Shree Yadav 2.Shree Yadav son of late Musahri Yadav 3.Lakhan Yadav son of Rameshwar Yadav All are resident of Ange Par, P.S.- Nardiganj, District-Nawada. Versus THE STATE OF BIHAR ----------- 2. 21.1.2011. Heard Mr.Birendra Kumar, learned counsel for the petitioners, Mr.Sanjay Kumar Sinha, learned counsel for the informant as well as Mr.A.A.Khan, learned Additional Public Prosecutor appearing for the State. Three petitioners, who are in custody in connection with Nardiganj P.S. Case No.63 of 2010 for the offences under section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act, have prayed for grant of bail. In the present case, on a trivial issue occurrence had taken place in which it was alleged that petitioner no.1 gave an order and thereafter one co-accused namely, Shiv Balak Yadav came along with a rifle and opened fire which hit on the knee of the nephew of the informant. In the occurrence, it was also alleged that the petitioners had also participated. Learned counsel for the petitioners submits that prior to this case, on earlier occasion in between the parties, there was case and counter case. It was argued that there is general and omnibus allegation against all the three petitioners. Learned counsel for the informant has vehemently opposed the prayer of the petitioner. It was submitted that in earlier 2 incident serious injury was caused on the side of the informant in which Shree Yadav, petitioner no.2, was the main accused. It has also been submitted that the accused has remained in jail only for four months. Accordingly, it has been prayed to reject the prayer for bail of the petitioners. Mr.A.A.Khan, learned Additional Public Prosecutor for the State, while opposing the prayer for bail , submits that it is a case in which rifle was used and nephew of the informant had become seriously injured which was likely to cause death. Be that as it may, from the facts and circumstances of the case it is evident that there is general and omnibus allegation and petitioner no.1 was alleged as order giver. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nardiganj P.S.Case No.63 of 2010. Md.S. ( Rakesh Kumar, J.)