IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41211 of 2009 1. Md. Kudush Mian 2. Jageshwari Yadav 3. Bijendra Yadav Versus STATE OF BIHAR ----------- 02/ 07-12-2009 Heard learned counsel appearing on behalf of the petitioners, namely, Md. Kudush Mian, Jageshwari Yadav and Bijendra Yadav and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Kumarkhand (Belari O.P.) P.S. Case No. 42 of 2009 for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. According to the F.I.R. these petitioners along with some others attacked the house of the informant while he was sleeping in house and when he heard their voices he came out and he saw these petitioners along with others. It is alleged that one Sintu Yadav fired at the informant from his three knot gun injuring him on the back. It is also alleged that when his wife and daughter came to save him, petitioner nos. 2 and 3 stopped them from making any noise under the threat of shooting them. It is thereafter alleged that the petitioner no. 1 asked other petitioners to fire again as the informant was still alive but because of the villagers the accused persons ran away and he was saved. Learned counsel appearing on behalf of the petitioners submits that except of threatening given by these petitioners - 2 - nothing has been attributed to them. He, with reference to injury report placed at Annexure-2, submits that there is gun shot injury and that same was by reason of firing by one Sintu Yadav. Learned counsel thus submits that except being the members of assembly, no specific overt act resulting in any injury to the informant has been attributed to these petitioners and that the petitioner no. 1 is in custody since 6.5.2009, the petitioner no. 2 from 24.5.2009 and petitioner no. 3 since 2.6.2009. Having regard to the facts and circumstances set forth, let petitioners, namely, Md. Kudush Mian, Jageshwari Yadav and Bijendra Yadav be released on bail upon each one of them individually furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No. V, Madhepura in connection with Sessions Trial No. 168 of 2009 arising from Kumarkhand (Belari O.P.) P.S. Case No. 42 of 2009 subject to the condition that the petitioners would be attending the court below on each and every date fixed and the failure on their part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of their bail bonds and for taking them into custody. S.Sb/- (Jyoti Saran, J.)