IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33656 of 2008 1. GIRISH SHANKAR @ MANTU S/o- Sri Ravindra Kumar Sinha 2. Abhishek @ Abhishek Kumar @ Sardar S/o- Sri Ravindra Kumar Sinha Both are resident of West Ramkrishana Nagar, P.S. Gopalpur, District - Patna Versus STATE OF BIHAR ----------- 3. 12.11.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused for the offences under Sections 326, 307/34 of the Indian Penal Code and 27 of the Arms Act. Antecedent report was called for by this court by order dated 16.09.2008, has been received which is at flag – ‘B’. As per the report there is no criminal case against the petitioner save and except the present one in the Ramkrishna Nagar Police Station, District- Patna. The allegation against the petitioners is to the effect that petitioner no.1 fired upon the informant. The allegation against the petitioner no. 2 is that he also came near petitioner no. 1 while he opened fire at the informant. Learned counsel for the petitioner submits that although the allegations have been made that the informant alongwith one, Chottu Kumar went to the house of the - 2 - petitioners and enquired the whereabouts of the petitioner no. 1. On being told, the petitioner no. 1 is not present in the house, they returned and the petitioner no. 1 is alleged to have fired which hit the informant whereas the case lodged by the mother of the petitioner no.1 as contained in Annexure-2 to the effect that while the informant came to her house along with three others for enquiring about the petitioner no. 1 the family members on sensing that these persons have come with no good intention, bolted the room from outside in which the said Chhotu Kumar had entered in search of the petitioner no.1 along with the informant of this case namely, Amar Kumar @ Babli Mishra. It is submitted that the allegations made against the petitioners gets falsified and doubtful. Learned counsel for the State on perusal of the case diary submits that the material has come during investigation which suggests that Chottu Kumar was confined in the room and he was bolted from outside and the witnesses have not stated that the said Chottu Kumar was also returning with the informant as he was confined in the room. The witnesses have also stated that how the informant, Amar Kumar @ Babli Mishra got hit, could not be ascertained. Considering the submissions as made above as well as the materials brought on record and the averments made in the petition, it is directed that in the event of arrest or surrender within a period of five weeks from today, the - 3 - petitioners, named above be released on bail 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, Patna in connection with Gopalpur P.S. Case No. 11 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)