IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30841 of 2009 1. Pramod Kumar, Son of Shyamdeo Prasad, Resident of Village Shivganj, P.S. Narahat (Sitamarhi), District Nawada. 2. Chandra Bhusan Kumar, Son of Gauri Shankar Prasad, Resident of Village Shivganj, P.S. Narhat (Sitamarhi), District Nawada. --------- Petitioners Versus The State of Bihar ------ Opp. Party ----------- 3 9.10.2009 Heard counsel for the petitioners and counsel for the State as also counsel for the informant. The allegation against the petitioners, in a case where the deceased is said to have been given fatal gunshot injury by one Sudhir Kumar Yadav, is confined to causing fire-arm injury of either the informant or brother Umesh Prasad Yadav but the same does get corroborated from their injury reports in the Case Diary contained in its paragraph nos. 73 & 74 where they are shown to have sustained injuries by hard and blunt substance. Counsel for the informant had produced one X’Ray plate to contend that there was a pillet found on the person on the informant but then neither the same is visible nor this Court can ignore the objective findings of the doctor who has recorded his opinion on perusal of those X’Ray 2 plates. Considering the aforementioned aspect alone and the fact that the petitioners are in custody since 8.6.2009 and that they have no criminal antecedent, this Court is inclined to grant bail to the petitioners on a specific condition that the petitioners shall remain present in course of trial and their absence of two consecutive dates shall entail the automatic consequence of cancellation of their present bail. In view of the aforementioned conditions, the Court would direct for release of the petitioners, namely, Pramod Kumar and Chandra Bhusan Kumar respectively on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Narahat (Sitamarhi) P.S. Case No. 68 of 2009. Rsh (Mihir Kumar Jha, J.)