IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41955 of 2011 Harishankar Singh & Ors. Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Heard counsel for the petitioners and counsel for the State. The petitioners are apprehending their arrest in connection with Murar P.S.Case No. 90 of 2011 for offences under Sections 323,341,504,307/34 of the Indian penal Code and Section 27 of the Arms Act. As per the F.I.R. accused Hari Shankar Singh was ploughing the mustard crop field of the informant with a tractor. The informant and his uncle went there and objected to it. Thereafter, three to four persons came from the orchard armed with lathi and danda and assaulted them. On alarm, some people also came to save the informant and his uncle. Thereafter, accused Gouri Shankar and Parmeshwar Singh came there with firearms. Accused Gouri Shankar is alleged to have fired a shot causing pellet injury on his chest ad when he fell down accused Parmeshwar Singh is alleged to have assaulted him with the butt portion of rifle on his chest. When the uncle of the informant intervened, he was also assaulted by butt portion of the gun by accused Parmeshwar Singh. Thereafter, accused Rameshwar Singh, Kamal Singh and Harishanker Singh are alleged to have fired shots as a result of which the people assembled at the scene of occurrence were 2 terrified and they fled away. Counsel for the petitioners submits that petitioner No.3 Sri Kamal Singh who is the Account Executive in Bihar State Electronic Development Corporation, Patna was not present at the place of occurrence as he was appearing at the Examination of Paper No. 7 ‘Direct Tax Laws’ as appears from Annexure-3 and his implication in the present case is completely fabricated. As regards petitioner no.4 Parmeshwar Singh who is also the Branch Manager of Bihar State Co-operative Bank, Dumraon, he was there at his work place and he has also been implicated in the present case. Looking to the facts and circumstances of the case, let petitioner nos. 3 and 4, namely, Sri Kamal Singh and Parmeshwar Singh be directed to be released, either in the event of their arrest by the police or surrender before the court below within four weeks from today, on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in the above noted case, subject to the conditions as laid down in Section 438(2) Cr. P.C. As regards the prayer for anticipatory bail on behalf of petitioner nos. 1 and 2, namely, Harishanakar Singh and Rameshwar Singh, the same is rejected. They may surrender before the court below and pray for regular bail 3 which shall be considered without being prejudiced by the order of dismissal of the present case.. Kanth (Shivaji Pandey, J.)