IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33527 of 2009 1. Dipak Kumar, Son of Javindra Singh, Resident of Village- Bathnaha, Police Station Jaleshwar, District Mahotari (Nepal). 2. Sanjeev Kumar Jha, Son of Satya Narayan Jha, Resident of Village Bathanaha, Police Station Jaleshwar, District Mahotari (Nepal). ------- Petitioners Versus The State of Bihar ------ Opp. Party ----------- 2 7.10.2009 Heard counsel for the petitioners and counsel for the State. At the end of the day, the allegation against the petitioners under Section 307 of the Indian Penal Code does not get substantiated in the light of the averments made in the First Information Report and the corresponding findings by the doctor in the injury report. There is absolute want of any injury to show that fire-arms as alleged to be used by the petitioners had resulted into any injury on the person of the victim Ritesh Kumar. That would make the case of the petitioners one under Section 25/26 of the Arms Act and the petitioners have remained in 2 custody for more than nine months with effect from 3.1.2009. The petitioners have one more criminal case of-course not under Arms Act. Considering the aforementioned circumstances, this Court would direct for release of the petitioners, namely, Dipak Kumar and Sanjeev Kumar on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sitamarhi in connection with Pupri P.S. Case No. 2 of 2009 on following conditions:- (i) One of the bailers must be either a close relative of the petitioners who is a permanent resident of Sitamarhi district or in absence thereof, a gazetted officer posted in the Sitamarhi district. (ii) The petitioners shall report once a month i.e. on every first Monday to the Officer-in-charge of the Pupri police station till the conclusion of trial and on their failure to do so even on one day will lead to automatic cancellation of their present bail. (iii) The petitioner shall punctually remain 3 present at the time of trial of the case and their absence for two consecutive dates will again by itself entail consequence of cancellation of their present bail. Rsh (Mihir Kumar Jha, J.)