IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34611 of 2008 1. RABINDRA KUMAR AZAD 2. Balmiki Kumar Barti, Both sons of Shri Mahadeo Sahni, R/o Satlakha, P.S. Rahika, Dist. Madhubani Versus STATE OF BIHAR ----------- 2/ 14.11.2008 Heard. The injury report suggests that the injury is of minor nature. Accordingly, it is possible that a case under Section 326 of the Indian Penal Code may not be made out. However, the injury report suggests that it is possible that a case under Section 324 of the I.P.C. may be made out. Section 324 is a cognizable non-bailable offence. The first information report alleges firing by the petitioner No.1 of the victim on the order of the petitioner No.2. The injury report suggests that the victim sustained gun shot injury, though minor in nature. The first information report filed by the informant resulted in registration of Case No. 358 of 2007. The same incident was reported by the local Chawkidar, which was registered as Case No. 359 of 2007. One of the co- accused, who allegedly handed over the gun to the petitioner No.1, has obtained anticipatory bail in both the cases. There is no allegation in the first information report that the person, who obtained anticipatory bail, fired. The case of the 2 petitioner No.1 is, therefore, different from the case of the person, who obtained anticipatory bail. In the circumstances, at this initial stage of investigation, it would not be appropriate to grant anticipatory bail to the petitioner No.1, his application therefor fails and the same is rejected. The application of the petitioner No.2 is allowed. Let the petitioner No.2, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Madhubani Town (Rahika) P.S. Case No.359/07 arising out of G.R. No.2237/07, subject to the conditions as laid down under Section-438(2) of Cr.P.C. S.B.P. (Barin Ghosh, J.)