IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4380 of 2010 1. JAGROPAN PANDEY, son of late Ramdhani Pandey, 2. Birendra Pandey, son of Jagropan Pandey 3. Sheojee @ Vikash Pandey, son of Birendra Pandey Versus THE STATE OF BIHAR ----------- 2/ 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 448 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It appears that the informant stated that he and others were playing Football. In the mean time, petitioner no.-3 hit the ball into the nearby “Nala”. It is alleged that after some time all the three petitioners started assaulting the informant with stone chips and slaps. In the mean time 8-10 persons came from the house of Jagropan Pandey and opened fire at them. On account of that firing, Awadh Bihari and Mukesh Kumar also sustained injury. Learned counsel submits that there is no allegation of firing against them and the only case under Sections 323 or 427 of the I.P.C. is made out. He further submits that petitioner no.-3 is a minor, being student of Class VIII. He further submits that in the First Information Report, it is also stated that petitioner no.-3 is aged about 18 years. Having regard to the nature of allegations, I am not inclined to grant anticipatory bail to petitioner nos. 1 and 2. Their prayer for anticipatory bail is rejected. However, taking into the circumstances, the age of petitioner no.3, namely Sheojee @ Vikash Pandey, in the event of - 2 - arrest or surrender within six weeks from today before the court below in connection with Arra Town P.S. case no. 461 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)