IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13891 of 2010 YOGENDRA CHAUDHARY, SON OF SRI DEV CHAND CHAUDHARY, RESIDENT OF VILLAGE- NAGAWAN, P.S.-KAKO, DISTRICT-JEHANABAD. With Cr.Misc. No.14363 of 2010 KAPIL CHAUDHARY, SON OF SRI DEV CHAND CHAUDHARY, RESIDENT OF VILLAGE- NAGAWAN, P.S.-KAKO, DISTRICT-JEHANABAD. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 02/ 03.05.2010 Since both the above applications have arisen out of one occurrence which has led to registration of a case i.e. Kako P.S. Case No. 88 of 2009, have been heard together and are being disposed of by this common order. The First Information Report under Section 307 and some other Sections of the Indian Penal Code and also under Section 27 of the Arms Act on 22nd July, 2009 but after death of one of the injured Section 302 of the Indian Penal Code was subsequently added. These two petitioners and two others are named in the First Information Report. Allegation is that the informant’s son namely Arjun Chaudhary was assaulted. At the time of assault Kapil was having pistol and Vijay Chaudhary having Farsa. When the informant came to rescue then he was 2 assaulted by Sanjay Chaudhary and Yogendra Chaudhary started firing. Submission is that no firearm injury has been found upon any person. There is a case and a counter case. The counter case has been lodged by the petitioner’s side under Section 307 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act. The implication is on account of enmity so, offence under Section 307 of the Indian Penal Code is not made out. Considering the facts and circumstances of the case, the above named petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Chief Judicial Magistrate/court concerned, Jehanabad in connection with Sessions Trial No. 6 of 2010 arising out of Kako P.S. Case No. 88 of 2009. kksinha/ (Shyam Kishore Sharma, J.)