IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2237 of 2010 1. BIRENDRA SINGH, son of Sahdeo Singh 2. Surendra Singh, son of late Mahadeo Singh 3. Hare Ram Singh, son of Sahdeo Singh All resident of village Raghunipur, P.S. Udawant Nagar, District Bhojpur Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard Mr. Ashutosh Kumar, learned counsel for the petitioners and the counsel for the State. The petitioners seek anticipatory bail for offence under section 307 and other allied sections of the Indian Penal Code on a plea that no injury could be found on the person of the prosecution party and that there was a long standing enmity on account of number of cases filed against the petitioners by the prosecution party. Learned counsel for the petitioners, however, would not be in a position to rebut the settled principle of law that for constituting an offence under section 307 I.P.C. there would be no requirement of there being an injury. There has been a consistent allegation in the F.I.R. of causing indiscriminate firing and if that was the circumstance for institution of case under section 307 I.P.C. and the 2 Surendra/ same has been found to be true in course of investigation by the police there would be hardly any occasion for grant of anticipatory bail. This Court of course is also mindful of the observation made by the learned Sessions Judge in the impugned order wherein it has been recorded that both the parties filed cases against each other and both the parties assaulted each other. If that pertains to the case and the counter case as was the submission of the learned P.P. while opposing the bail in the court below there would of course be no prospect for grant of anticipatory bail even otherwise. Be that as it may, this Court would not find it a fit case for grant of anticipatory bail to the petitioners. The prayer for anticipatory bail is, accordingly, rejected. Anything said in the order, however, will not come in the way of the petitioners if they would surrender and seek regular bail. (Mihir Kumar Jha,J.) 3