IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16651 of 2009 UPENDRA PRASAD Versus THE STATE OF BIHAR ----------- 04 26.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 147, 148, 149, 325, 326, 307 of the Indian Penal Code and 27 of the Arms Act. On account of removal of certain obstacle put up on the road, a scuffle ensued between the parties. Allegation is that the two body guards of the Coaching owner arrived at the seen and one of them fired on the person, who had encroached upon the road, but the bullet hit the injured who was working in the adjacent tailoring shop. Contention is that there was lack of intention to attack or injure the victim. Next submission is that, looking to the overall facts appearing from the record, some of the co-accused persons have been granted anticipatory bail. Petitioner is one of the body guards and as such from the F.I.R., it is not identifiable as to who amongst the two fired. Petitioner is in custody since 22.01.2009. In the facts and circumstances of the case, 2 the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patnacity in connection with Bahadurpur P.S. Case No. 05 of 2009, subject to condition that one of the bailors should be the own/ close family member of the petitioner. P.K. ( K.K. Mandal, J.)