IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34960 of 2009 MANISH SADA & ORS . Versus STATE OF BIHAR . ----------- 3 23.11.2009 Learned counsel appearing on behalf of the petitioners submits that there is a typographical error in the name of petitioner No.4, Bino Sada whose name has been incorrectly typed as Bino Sadar and he seeks permission to rectify the name of petitioner No.4, as Bino Sada. He is permitted to do so. Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners have been made accused in connection with Mahishi P.S. Case No. 5/08 for the offences punishable under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code as well as for the offence under Sections 16 and 17 of C.L. Act and under Section 27 of the Arms Act. Substance of allegation as against these petitioners is that they resorted to indiscriminate firing with intention to kill the police party and snatching their arms and ammunition. It is alleged that two hundred - 2 - rounds firing took place however nobody is injured. Learned counsel for the petitioners submits that nothing incriminating has been recovered from the petitioners nor they are named in the F.I.R rather they have been involved in the present case only by reason of the fact that in an earlier case bearing Mahishi. P.S. Case No. 4 of 2008 these petitioners have been named therein. It is further submitted that the allegation does not appear to be true because in terms of the charge made in the F.I.R. itself nearly two hundred rounds of firing was carried out by these accused persons but there was no injury on the part of the police. It is submitted that the petitioners have been arrested merely on suspicion. Having regard to the facts and circumstances of the case, let the petitioners, Manish Sada, Bhutta Sada, Jang Bahadur Sada, Bino Sada,Shiv Nandan Sada, Lal Bahadur Sada, Raj Kumar Choudhary, Nago Sada @ Nageshwar Sada and Rameshwar Sada, be enlarged on bail upon each of them furnishing individual bail bond of - 3 - Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.5/08 subject to the condition that the petitioners would be attending the court below on each and every date fixed and failure on their part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceeding for cancellation of their bail bond and for taking them into custody. Bibhash (Jyoti Saran, J. )