IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22438 of 2010 1. CHITRANJAN SINGH @ CHHOTAK SON OF RAMBIR SINGH 2. PREM RANJAN SINGH SON OF LATE BENI MADHAV SINGH, RESIDENT OF PASAUR, P.S. CHAR POKHARI, DISTRICT BHOJPUR. – PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 3/ 04-08-2010 Heard the parties. In a criminal prosecution registered under sections 307, 324 and some other allied offences under the Indian Penal Code the petitioners, beside four other persons, are named in the F.I.R. vide Annexure-1, as accused. According to prosecution case, petitioner no.1 is alleged to have assaulted on the back of the informant by country made rifle and subsequently he is further alleged to have fired but that did not hit the informant. Petitioner no.2 is alleged to have assaulted by Butt of the country made pistol to one Gita Singh. Subsequently he is further alleged to have resorted to firing but end that did not appear to have hit him. Learned counsel for the petitioners submits that the petitioners had no mens rea to commit offence punishable under section 307 of the Penal Code. By referring to Annexure-2 series it is submitted that most of the injuries found on the person of the informant, were opined to be simple in nature and opinion regarding 2 injuries no. 1 and 3 were kept reserved but that cannot be attributed against petitioner no.1. He further submits that so far another injured, Gita Singh is concerned, he was not even examined by the doctor as injury on his person appears to be superficial in nature. It is further submitted that co-accused Dhananjay Singh @ Dara Singh, who is stated to have assaulted the informant by farsa on his head has been granted anticipatory bail by a Bench of this Court. The petitioners are stated to be in judicial custody since 30.03. 2010. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 45 of 2010, subject to conditions that : (A) one of the bailors must be government servant or close family members of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ 3 prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned . BTiwary ( Birendra Prasad Verma, J)