IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41199 of 2008 ACHCHAI KHAN @ ACHHAI KHAN & ANR Versus STATE OF BIHAR ----------- 4/ 12.1.2009 Heard. The two petitioners are in custody in a case under section 307 etc. I.P.C. and section 27 of the Arms Act. The difference and dispute between the parties in respect of a warehouse is not disputed. That could be the document in which the informant alleged that while traveling by a jeep with some other persons, he and his companions were targeted and were being fired at. The petitioner Achchai Khan alias Achhai Khan is said to have fired so as to hitting the informant around his shoulder and one of his fingers in the hand. So far the petitioner Israt Khan is concerned, he is also alleged to have fired but there is no definite allegation that his shot hit the injured or any one traveling in the jeep. There was a prelude to the arrest/surrender of the two petitioners in the court below and that was questioning the inaction of the police through a writ in which the police took a plea before this court that the petitioners’ complicity was not established beyond doubt and that there were material 2 indicating that the petitioners may not have been the assailants as alleged. It could be the reason that the court probably issued a direction and, as such, the petitioners surrendered and are in custody. Resistance to the prayer for bail is a belated submission to the justicing process by the two petitioners on account of the case being instituted in 1999 and the petitioners having surrendered in the year 2007 but the fact remains that the petitioners are in custody since August, 2008. The injuries were found but there is no definite opinion that it could be grievous or even dangerous to life. Let the two petitioners namely Achchai Khan alias Achhai Khan and Israt Khan be released on bail on furnishing bail bond of Rs.10000/(ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Kaimur at Bhabua in Bhabua P.S. Case no. 135 of 1999. Anil/ ( Dharnidhar Jha,J )