IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12437 of 2008 ----- NIL RATAN SINGH @ ARUN KUMAR & ANR. Versus THE STATE OF BIHAR ----------- 2. 2.5.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Harnaut P.S. Case No.168/o7 registered under section 307/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that on perusal of the First Information Report it would appear that the allegation of firing is against one Anuj Kumar, who is alleged to have fired pistol and thereafter he fled away after scaling the boundary wall. It is further submitted that from the allegation made in the First Information Report it would appear that the allegation against these two petitioners is of instigating to firing. It is further submitted that notwithstanding the above, the police after making investigation had submitted final form against these petitioners. However, the learned Chief Judicial Magistrate on protest petition filed by the informant took cognizance of the offence. In the above circumstances, learned counsel for the petitioners submits that the petitioners are entitled to be enlarged on anticipatory bail as they had no criminal antecedents and they are peace loving persons and the 2 present case has been lodged to harass them. Learned Additional P.P., on the other hand, opposes the prayer for bail. However, he is not in a position to refute the submissions advanced on behalf of the petitioners. After having heard the submissions and on perusal of the statement made in paragraph 8 of the petition as also the allegations made in the First Information Report, let both the petitioners, namely, Nil Ratan Singh @ Arun Kumar and Chandra Bhushan Kumar, in the event of their arrest or surrender, be enlarged on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif , in connection with Harnaut P.S. Case No.168 of 2007 (G.R. No.1352/2007) on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)