IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12789 of 2008 DASRATH SAH & ANR Versus THE STATE OF BIHAR ----------- 3 15.5.08 Heard both sides. The petitioner no.1 has approached this court for anticipatory bail in Mahua P.S. Case no.129 of 2007 insituted for the offence punishable under Sections 147,148, 149, 323, 325, 307, 379 & 504 of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner no.1 in the FIR is that he fired which did not hit the informant. Counsel for the petitioners referring to Annexure -2 submits that this is counter blast as the petitioner had earlier lodged a case against the informant of this case. Considering the allegation and the fact that the shot fired by the petitioner no.1 did not hit anybody and there was previous enmity between the parties, this court is inclined to give indulgence in favour of the petitioner no.1 Dasrath Sah and accordingly he , in the event of his arrest or surrender in the court below within four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case no.129/2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far petitioner no.2 Shankar Sah is concerned, the application for anticipatory bail on his behalf has already become infructuous and stood dismissed on 28.3.08. Neyaz/ (Kishore K. Mandal, J.) 2