IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37303 of 2008 MOHIT KANT MISHRA Versus STATE OF BIHAR ----------- 2 09.09.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered for the offence under sections 149, 307 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that the allegation against the petitioner is that he was one of the accused persons standing on the door of the informant, however the specific allegation is against the co- accused Niranjan Kumar Mishra, who made firing causing injury on the informant. It is further submitted that the said co-accused namely, Niranjan Kumar Mishra is in custody. It is further contended that the petitioner is aged more than seventy years. Learned Addl. P.P. appearing for the State opposes the prayer for bail, however he is not in position to refute the submission advanced on behalf of the petitioner. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Mohit Kant Mishra be released on bail on furnishing bail 2 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Musari Gharari P.S.Case No. 12 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)