IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14730 of 2009 1. RANJEET KUMAR 2. Ajit Kumar Both are sons of Chandraket Rai, R/o village-Rustampur,P.S.-Raghopur,District- Vaishali. Versus THE STATE OF BIHAR ----------- 02/ 30-04-2009 Heard learned counsel for the petitioners and the State. Though there is counter case for the incident of the same day but in both the cases firing has been shot. In the instant case by petitioner no.1, which hit the stomach of the victim, who has also been alleged for firing hitting petitioner’s hand, even then submission of the learned counsel for the petitioners is that others were there also with arms but no arm was used, otherwise they could cause injuries to the informant resulting into his death if there was any intention to kill him. Same is the submission for petitioner no.2 that he has not been alleged for any such assault, which hit any one. Last submission is that rest of the accused persons shot fire in the air when they left the place of occurrence. Allegation levelled against petitioner no.1 does not entitle him for anticipatory bail. Accordingly, prayer for anticipatory bail of petitioner no.1 Ranjeet Kumar is rejected, while that of petitioner no.2 is allowed. In case of arrest or surrender within one month from today in Raghopur (O.P.Rustampur) P.S.Case No.23 of 2004, petitioner no.2 Ajit Kumar shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at 2 Hazipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )