IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12972 of 2010 1. HARE RAM RAI son of late Gaya Rai, 2. Jitendra Rai son of Hirdya Narayan Rai, 3. Satendra Rai son of late Chaturgun Rai, 4. Nitesh Rai son of Vishwanath Rai, 5. Pramod Kumar Rai son of Awadhesh Rai, All residents of village Baraka Unuon, Police Station Buxar (M), District Buxar, … …Petitioners Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioners: M/s Vikram Deo Singh, Anil Kumar Roy, Advocates For the State : Mr. Dinesh Singh, APP ----------- 2 04.05.2010 Heard learned counsel for the petitioner and the State. The petitioners seek bail in a case registered for offences punishable under sections 147, 148, 149, 337 and 307 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that there is a counter case also and there had been injuries sustained also by the side of the petitioners. However, no injury at all has been sustained upon the side of the informant, what to say about any firearm injury. The fact that there is allegation of firing at the informant and others coupled with the fact that there is no firearm injury suggest that there was no intention to kill, thus, it is submitted that the ingredient of section 307 of the Indian Penal Code could not be made out. 2 Having regard to the facts and circumstances of the case, I direct the abovenamed petitioners, 1. Hare Ram Rai, 2. Jitendra Rai, 3. Satendra Rai, 4. Nitesh Rai and 5. Pramod Kumar Rai, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in Buxar (M) Police Station Case No. 26 of 2010 with further condition that one of the bailors must be close relative or family member of each of the petitioners, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioners. The petitioners shall also remain present on each and every date during the course of the trial and if they fail to remain present on two consecutive dates in course of trial without any reasonable cause shown by them, the court concerned would be at liberty to take steps for cancellation of their bail bonds. SC ( Dr. Ravi Ranjan, J.)