IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49504 of 2007 KAUSHAL MAHTO Versus THE STATE OF BIHAR ----------- 6 05.05.2008 Learned lawyer for the petitioner appeared and filed certified copy of order sheets dated 28.03.2008 of the court of Shri S. Ram, J.M., Ist Class, Biharsharif showing the surrender of the petitioner on 28th April, 2008, as directed. Let it be placed on record. Heard learned lawyer for the petitioner on the bail application for grant of regular bail in a case under Sections 307, 326 and other allied sections of the I.P.C. and Section 27 of the Arms Act against six persons including the petitioner. Ramji Singh lodged F.I.R. alleging therein that accused persons variously armed came, out of fear he closed the gate of his house and concealed himself. It is allelged lthat four accused persons were opening fire from the rifle. It is further alleged that the petitioner also opened fire on the gate. The shot penetrated the gate and hit on the right scapula of his son namely, Balbir Kumar who was standing inside the gate. The second son of the informant Dharmendra Kumar also got some injury. He submits that a question arises as to how the informant saw that it was the fire opened by the petitioner which hit the wall and thereafter hit his sons, even then when he was inside the house and the door was bolted from inside and as many as four persons were opening the fire from rifle. He submits that similar is the statement of the injured Balbir and hence, - 2 - in such a situation his statement cannot be accepted. He, therefore, submits that as per the allegation and evidence as many four persons were opening shots from their rifle and in the circumstance it cannot be said that as to who shot injured Ballbir and Dharmendra. He, therefore, submits that the petitioner who is in custody for 8 months be released on bail. Learned State counsel submits that there is specific allegation in the F.I.R. that it was the shot given by the petitioner caused injury to Balbir and Dharmendra. Considering the submissions advanced by the learned lawyer for the petitioner, the petitioner Kaushal Mahto 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 the C.J.M., Nalanda in connection with Rahui P.S.Case No.119 of 2007. Mkr (Anwar Ahmad, J)