IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34968 of 2011 1. Deo Krishna Yadav @ Budhu Yadav, S/o Rameshwar Yadav 2. Bhanu Prakash Yadav @ Bhanu Yadav @ Ram Babu, S/o Sury Narayan Yadav 3. Jagat Prasad Yadav @ Jagat Prakash Yadav, S/o Sury Narayan Yadav All residents of Viilage-Khaira, P.S. Bhairab Asthan, District-Madhubani 4. Anand Kumar Yadav @ Anand Yadav, S/o Late Yogeshwar Yadav, resident of village-Ekdara, P.S. Khajauli, District- Maadhubani Versus The State Of Bihar ----------------------- 02. 24.10.2011 Heard learned counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the State and Mr. Rajesh Kumar Verma, learned counsel for the informant. The petitioners are apprehending their arrest in connection with Bhairab Asthan P.S. Case No.21 of 2011 for offence punishable under sections 147, 148, 149, 323, 324, 326, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners, with reference to the allegations as set out in the F.I.R. placed at Annexure-1 of the application, submits that the plain reading thereof manifests that whereas petitioner 2 no. 1 has been charged with assaulting on the right hand but no details has been given as to whom and whose person the injury has been caused, the petitioner no. 2 has been charged with firing but without causing any injury and the petitioner no. 4 has been charged with firing in the air. He thus submits that the allegations as made against these petitioners are ornamental in nature without causing any injury on the person of any body. He further submits that although the allegations as set out against the petitioner no. 3 is of causing assault on the nephew of the informant by means of farsa on his head but the injury has been found on the left hand of the nephew and not on his head and also said to be simple in nature. Learned counsel for the State and learned counsel for the informant oppose the application for bail. Learned counsel for the informant submits that the occurrence is admitted and allegations are present in the F.I.R. and thus the petitioners are not entitled for consideration of their prayer. Having heard learned counsel for 3 the parties and considering the circumstances, let the petitioner no.1 Deo Krishna Yadav @ Budhu Yadav, petitioner no. 2 Bhanu Prakash Yadav @ Bhanu Yadav @ Ram Babu and petitioner no. 4 Anand Kumar Yadav @ Anand Yadav, in the event of their arrest or surrender within a period of four weeks from the date of receipt of the certified copy of this order, be released on bail upon each of them furnishing bail bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Bhairab Asthan P.S. Case No.21 of 2011, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. The prayer of the petitioner no. 3 Jagat Prasad Yadav @ Jagat Prakash Yadav is rejected. He may surrender and make prayer for regular bail before the court below and which shall be considered and disposed of on its own merits without being prejudiced by the order passed in the present proceedings. S.Sb/- (Jyoti Saran, J.)