IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38579 of 2009 1. Sunder Gope. 2. Ajay Gope. Both sons of Sri Baso Gope, Resident of Village- Bhatna, P.S. Chandi, District Nalanda. -------- Petitioners Versus The State of Bihar ------ Opp. Party ----------- 2 13.11.2009 Heard counsel for the petitioners and counsel for the State. The petitioners are facing prosecution for an offence under Section 147, 148, 149, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioners in the First Information Report is that while the petitioner no.1 being armed with a country made pistol had caused gun shot injury on the prosecution party, the petitioner no.2 armed with lathi had caused some injury. Mr. Ajay Kumar Thakur, learned counsel for the petitioners would submit that when the First Information Report itself gives a detail of first fire-arm injury caused by Raj Kumar and the second fire-arm injury by Shrawan Gope which is said to have hit the informant and Saraswati Devi respectively, there being no 2 third fire-arm injury found, the petitioners are entitled for bail. In the opinion of this Court, the occurrence being supported by presence of the injury on the person of the informant and Saraswati Devi and the manner of participation also alleging the active role played by the petitioners, this Court would not be inclined to grant bail to the petitioner no.1 till he would complete his judicial custody for a period of one year whereas the petitioner no.2 may renew his prayer for bail after completing six months of his judicial custody. Rsh (Mihir Kumar Jha, J.)