IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15185 of 2010 1. SANJAY SHARMA Son of Late Suresh Sharma resident of village-Dehuni, P.S.-Ghosi, District-Jehanabad. 2. Rajesh Kumar son of Ashok Sharma, resident of village-Usari, P.S.-Pali, District-Jehanabad. Versus THE STATE OF BIHAR ----------- 3 04.08.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Ghoshi P.S. Case No. 180 of 2009 (G.R. No. 1632 of 2009) for offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code and 27 of the Arms Act. Substance of allegation against the petitioners is of forming an unlawful assembly along with other accused persons and firing at the informant. Learned counsel for the petitioners with reference to the allegation set out in the F.I.R. submits that whereas there is no allegation against the petitioner No.2, Rajesh Kumar who is simply alleged to be accompanying the accused persons, there is a general allegation of firing against the petitioner 2 No.1, Sanjay Sharma but the said firing did not cause any injury to the informant. He further submits that for the said allegation the petitioner has remained in custody since 3.11.2009 and that a similarly circumstanced accused Manish Sharma @ Manish Kumar was granted anticipatory bail by this Court in Cr.Misc.No. 44117 of 2009 vide order passed on 8.1.2010. Considering the circumstances and the submissions of learned counsel, let the petitioners namely, Sanjay Kumar and Rajesh Kumar, be released on bail upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Jahanabad in connection with Goshi P.S. Case No.180 of 2009 (G.R. No. 1632 of 2009) subject to the condition that the petitioners would be attending the Court below on each and every date fixed in the case and upon failure on the part of either of the petitioners to attend the Court below on two consecutive date fixed in the case without reasonable explanation to the satisfaction of the court below, the court concerned would 3 be at liberty to initiate proceeding for cancellation of the bail bonds of the defaulting petitioner(s) and for taking him into custody. Bibhash ( Jyoti Saran, J.)